Current Version - 4th Engrossment

Line 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23198.24198.25198.26198.27198.28198.29198.30198.31198.32198.33199.1199.2199.3199.4199.5199.6199.7199.8199.9199.10199.11199.12199.13199.14199.15199.16199.17199.18199.19199.20199.21199.22199.23199.24199.25199.26199.27199.28199.29199.30199.31199.32199.33200.1200.2200.3200.4200.5200.6200.7200.8200.9200.10200.11200.12200.13200.14200.15200.16200.17200.18200.19200.20200.21200.22200.23200.24200.25200.26200.27200.28200.29200.30200.31200.32200.33200.34201.1201.2201.3201.4201.5201.6201.7201.8201.9201.10201.11201.12201.13201.14201.15201.16201.17201.18201.19201.20201.21201.22201.23201.24201.25201.26201.27201.28201.29201.30201.31202.1202.2202.3202.4202.5202.6202.7202.8202.9202.10202.11202.12202.13202.14202.15202.16202.17202.18202.19202.20202.21202.22202.23202.24202.25202.26202.27202.28202.29202.30202.31202.32203.1203.2203.3203.4203.5203.6203.7203.8203.9203.10203.11203.12203.13203.14203.15203.16203.17203.18203.19203.20203.21203.22203.23203.24203.25203.26203.27203.28203.29203.30203.31203.32203.33203.34203.35204.1204.2204.3204.4204.5204.6204.7204.8204.9204.10204.11204.12204.13204.14204.15204.16204.17204.18204.19204.20204.21204.22204.23204.24204.25204.26204.27204.28204.29204.30204.31204.32204.33204.34205.1205.2205.3205.4205.5205.6205.7205.8205.9205.10205.11205.12205.13205.14205.15205.16205.17205.18205.19205.20205.21205.22

ARTICLE 1

AGRICULTURE APPROPRIATIONS

Section 1. new text beginAGRICULTURE APPROPRIATIONSnew text end

new text beginThe sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article. The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose. The figures "2016" and "2017" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2016, or June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year" is fiscal year 2017. "The biennium" is fiscal years 2016 and 2017.new text end

new text beginAPPROPRIATIONSnew text end

new text beginAvailable for the Yearnew text end

new text beginEnding June 30new text end

new text begin2016new text end

new text begin2017new text end

Sec. 2. new text beginDEPARTMENT OF AGRICULTUREnew text end

new text beginSubdivision 1.new text end

new text beginTotal Appropriationnew text end

new text begin$ new text end

new text begin41,510,000new text end

new text begin$ new text end

new text begin45,512,000new text end

new text beginAppropriations by Fundnew text end

new text begin2016new text end

new text begin2017new text end

new text beginGeneral new text end

new text begin40,932,000 new text end

new text begin44,934,000new text end

new text beginRemediationnew text end

new text begin388,000new text end

new text begin388,000new text end

new text beginAgriculturalnew text end

new text begin190,000new text end

new text begin190,000new text end

new text beginThe amounts that may be spent for each purpose are specified in the following subdivisions.new text end

new text beginSubd. 2.new text end

new text beginProtection Services new text end

new text begin16,452,000 new text end

new text begin16,402,000new text end

new text beginAppropriations by Fundnew text end

new text begin2016new text end

new text begin2017new text end

new text beginGeneral new text end

new text begin15,874,000 new text end

new text begin15,824,000new text end

new text beginAgriculturalnew text end

new text begin190,000new text end

new text begin190,000new text end

new text beginRemediationnew text end

new text begin388,000new text end

new text begin388,000new text end

new text begin$25,000 the first year and $25,000 the second year are to develop and maintain cottage food license exemption outreach and training materials.new text end

new text begin$75,000 the first year is for the commissioner, in consultation with the Northeast Regional Corrections Center and the United Food and Commercial Workers, to study and provide recommendations for upgrading the existing processing facility on the campus of the Northeast Regional Corrections Center into a USDA-certified food processing facility. The commissioner shall report these recommendations to the chairs of the house of representatives and senate committees with jurisdiction over agriculture finance by March 15, 2016.new text end

new text begin$75,000 the second year is for a coordinator for the correctional facility vocational training pilot program.new text end

new text begin$388,000 the first year and $388,000 the second year are from the remediation fund for administrative funding for the voluntary cleanup program.new text end

new text begin$225,000 the first year and $175,000 the second year are for compensation for destroyed or crippled animals under Minnesota Statutes, section 3.737. This appropriation may be spent to compensate for animals that were destroyed or crippled during fiscal years 2014 and 2015. If the amount in the first year is insufficient, the amount in the second year is available in the first year.new text end

new text begin$125,000 the first year and $125,000 the second year are for compensation for crop damage under Minnesota Statutes, section 3.7371. If the amount in the first year is insufficient, the amount in the second year is available in the first year. new text end

new text beginIf the commissioner determines that claims made under Minnesota Statutes, section 3.737 or 3.7371, are unusually high, amounts appropriated for either program may be transferred to the appropriation for the other program.new text end

new text begin$70,000 the first year and $70,000 the second year are for additional cannery inspections.new text end

new text begin$100,000 the first year and $100,000 the second year are for increased oversight of delegated local health boards.new text end

new text begin$100,000 the first year and $100,000 the second year are to decrease the turnaround time for retail food handler plan reviews.new text end

new text begin$1,024,000 the first year and $1,024,000 the second year are to streamline the retail food safety regulatory and licensing experience for regulated businesses and to decrease the inspection delinquency rate.new text end

new text begin$1,350,000 the first year and $1,350,000 the second year are for additional inspections of food manufacturers and wholesalers.new text end

new text begin$150,000 the first year and $150,000 the second year are for additional funding for dairy inspection services.new text end

new text begin$150,000 the first year and $150,000 the second year are for additional funding for laboratory services operations.new text end

new text begin$250,000 the first year and $250,000 the second year are for additional meat inspection services, including inspections provided under the correctional facility vocational training pilot program.new text end

new text beginNotwithstanding Minnesota Statutes, section 18B.05, $90,000 the first year and $90,000 the second year are from the pesticide regulatory account in the agricultural fund for an increase in the operating budget for the Laboratory Services Division.new text end

new text begin$100,000 the first year and $100,000 the second year are from the pesticide regulatory account in the agricultural fund to update and modify applicator education and training materials.new text end

new text beginSubd. 3.new text end

new text beginAgricultural Marketing and Developmentnew text end

new text begin3,973,000new text end

new text begin3,873,000new text end

new text beginThe commissioner may provide one-stop access for farmers in need of information or assistance to obtain or renew licenses, meet state regulatory requirements, or resolve disputes with state agencies.new text end

new text beginThe commissioner must provide outreach to urban farmers regarding the department's financial and technical assistance programs and must assist urban farmers in applying for assistance.new text end

new text begin$100,000 the first year is to (1) enhance the commissioner's efforts to identify existing and emerging opportunities for Minnesota's agricultural producers and processors to export their products to Cuba, consistent with federal law, and (2) effectively communicate these opportunities to the producers and processors.new text end

new text begin$186,000 the first year and $186,000 the second year are for transfer to the Minnesota grown account and may be used as grants for Minnesota grown promotion under Minnesota Statutes, section 17.102. Grants may be made for one year. Notwithstanding Minnesota Statutes, section 16A.28, the appropriations encumbered under contract on or before June 30, 2017, for Minnesota grown grants in this paragraph are available until June 30, 2019.new text end

new text begin$634,000 the first year and $634,000 the second year are for continuation of the dairy development and profitability enhancement and dairy business planning grant programs established under Laws 1997, chapter 216, section 7, subdivision 2, and Laws 2001, First Special Session chapter 2, section 9, subdivision 2. The commissioner may allocate the available sums among permissible activities, including efforts to improve the quality of milk produced in the state, in the proportions that the commissioner deems most beneficial to Minnesota's dairy farmers. The commissioner must submit a detailed accomplishment report and a work plan detailing future plans for, and anticipated accomplishments from, expenditures under this program to the chairs and ranking minority members of the legislative committees with jurisdiction over agriculture policy and finance on or before the start of each fiscal year. If significant changes are made to the plans in the course of the year, the commissioner must notify the chairs and ranking minority members.new text end

new text beginThe commissioner may use funds appropriated in this subdivision for annual cost-share payments to resident farmers or entities that sell, process, or package agricultural products in this state for the costs of organic certification. The commissioner may allocate these funds for assistance for persons transitioning from conventional to organic agriculture.new text end

new text beginSubd. 4.new text end

new text beginAgriculture, Bioenergy, and Bioproduct Advancementnew text end

new text begin15,018,000 new text end

new text begin18,985,000new text end

new text begin$4,483,000 the first year and $8,500,000 the second year are for transfer to the agriculture research, education, extension, and technology transfer account under Minnesota Statutes, section 41A.14, subdivision 3. The transfer in this paragraph includes money for plant breeders at the University of Minnesota for wild rice, potatoes, and grapes. Of these amounts, at least $600,000 each year is for agriculture rapid response under Minnesota Statutes, section 41A.14, subdivision 1, clause (2). Of the amount appropriated in this paragraph, $1,000,000 each year is for transfer to the Board of Regents of the University of Minnesota for research to determine (1) what is causing avian influenza, (2) why some fowl are more susceptible, and (3) prevention measures that can be taken. Of the amount appropriated in this paragraph, $2,000,000 each year is for grants to the Minnesota Agriculture Education Leadership Council to enhance agricultural education with priority given to Farm Business Management challenge grants.new text end

new text beginTo the extent practicable, funds expended under Minnesota Statutes, section 41A.14, subdivision 1, clauses (1) and (2), must supplement and not supplant existing sources and levels of funding.new text end

new text begin$10,235,000 the first year and $10,235,000 the second year are for the agricultural growth, research, and innovation program in Minnesota Statutes, section 41A.12. No later than February 1, 2016, and February 1, 2017, the commissioner must report to the legislative committees with jurisdiction over agriculture policy and finance regarding the commissioner's accomplishments and anticipated accomplishments in the following areas: facilitating the start-up, modernization, or expansion of livestock operations including beginning and transitioning livestock operations; developing new markets for Minnesota farmers by providing more fruits, vegetables, meat, grain, and dairy for Minnesota school children; assisting value-added agricultural businesses to begin or expand, access new markets, or diversify products; developing urban agriculture; facilitating the start-up, modernization, or expansion of other beginning and transitioning farms including loans under Minnesota Statutes, section 41B.056; sustainable agriculture on farm research and demonstration; development or expansion of food hubs and other alternative community-based food distribution systems; and research on bioenergy, biobased content, or biobased formulated products and other renewable energy development. The commissioner may use up to 4.5 percent of this appropriation for costs incurred to administer the program. Any unencumbered balance does not cancel at the end of the first year and is available for the second year. Notwithstanding Minnesota Statutes, section 16A.28, the appropriations encumbered under contract on or before June 30, 2017, for agricultural growth, research, and innovation grants are available until June 30, 2019.new text end

new text beginThe commissioner may use funds appropriated for the agricultural growth, research, and innovation program as provided in this paragraph. The commissioner may award grants to owners of Minnesota facilities producing bioenergy, biobased content, or a biobased formulated product; to organizations that provide for on-station, on-farm field scale research and outreach to develop and test the agronomic and economic requirements of diverse strands of prairie plants and other perennials for bioenergy systems; or to certain nongovernmental entities. For the purposes of this paragraph, "bioenergy" includes transportation fuels derived from cellulosic material, as well as the generation of energy for commercial heat, industrial process heat, or electrical power from cellulosic materials via gasification or other processes. Grants are limited to 50 percent of the cost of research, technical assistance, or equipment related to bioenergy, biobased content, or biobased formulated product production or $500,000, whichever is less. Grants to nongovernmental entities for the development of business plans and structures related to community ownership of eligible bioenergy facilities together may not exceed $150,000. The commissioner shall make a good-faith effort to select projects that have merit and, when taken together, represent a variety of bioenergy technologies, biomass feedstocks, and geographic regions of the state. Projects must have a qualified engineer provide certification on the technology and fuel source. Grantees must provide reports at the request of the commissioner.new text end

new text beginOf the amount appropriated for the agricultural growth, research, and innovation program in this subdivision, $1,000,000 the first year and $1,000,000 the second year are for distribution in equal amounts to each of the state's county fairs to preserve and promote Minnesota agriculture.new text end

new text beginOf the amount appropriated for the agricultural growth, research, and innovation program in this subdivision, $500,000 in fiscal year 2016 and $1,500,000 in fiscal year 2017 are for incentive payments under Minnesota Statutes, sections 41A.16, 41A.17, and 41A.18. If the appropriation exceeds the total amount for which all producers are eligible in a fiscal year, the balance of the appropriation is available to the commissioner for the agricultural growth, research, and innovation program. Notwithstanding Minnesota Statutes, section 16A.28, the first year appropriation is available until June 30, 2017, and the second year appropriation is available until June 30, 2018. The commissioner may use up to 4.5 percent of the appropriation for administration of the incentive payment programs.new text end

new text beginOf the amount appropriated for the agricultural growth, research, and innovation program in this subdivision, $250,000 the first year is for grants to communities to develop or expand food hubs and other alternative community-based food distribution systems. Of this amount, $50,000 is for the commissioner to consult with existing food hubs, alternative community-based food distribution systems, and University of Minnesota Extension to identify best practices for use by other Minnesota communities. No later than December 15, 2015, the commissioner must report to the legislative committees with jurisdiction over agriculture and health regarding the status of emerging alternative community-based food distribution systems in the state along with recommendations to eliminate any barriers to success. This is a onetime appropriation.new text end

new text begin$250,000 the first year and $250,000 the second year are for grants that enable retail petroleum dispensers to dispense biofuels to the public in accordance with the biofuel replacement goals established under Minnesota Statutes, section 239.7911. A retail petroleum dispenser selling petroleum for use in spark ignition engines for vehicle model years after 2000 is eligible for grant money under this paragraph if the retail petroleum dispenser has no more than 15 retail petroleum dispensing sites and each site is located in Minnesota. The grant money received under this paragraph must be used for the installation of appropriate technology that uses fuel dispensing equipment appropriate for at least one fuel dispensing site to dispense gasoline that is blended with 15 percent of agriculturally derived, denatured ethanol, by volume, and appropriate technical assistance related to the installation. A grant award must not exceed 85 percent of the cost of the technical assistance and appropriate technology, including remetering of and retrofits for retail petroleum dispensers and replacement of petroleum dispenser projects. The commissioner may use up to $35,000 of this appropriation for administrative expenses. The commissioner shall cooperate with biofuel stakeholders in the implementation of the grant program. The commissioner must report to the legislative committees with jurisdiction over agriculture policy and finance by February 1 each year, detailing the number of grants awarded under this paragraph and the projected effect of the grant program on meeting the biofuel replacement goals under Minnesota Statutes, section 239.7911. These are onetime appropriations.new text end

new text begin$25,000 the first year and $25,000 the second year are for grants to the Southern Minnesota Initiative Foundation to promote local foods through an annual event that raises public awareness of local foods and connects local food producers and processors with potential buyers.new text end

new text beginSubd. 5.new text end

new text beginAdministration and Financial Assistancenew text end

new text begin6,067,000new text end

new text begin6,252,000new text end

new text begin$150,000 the first year and $150,000 the second year are for grants to the Center for Rural Policy and Development.new text end

new text beginThe base for the farm-to-foodshelf program in fiscal years 2018 and 2019 is $1,100,000 each year.new text end

new text begin$25,000 the first year is for the livestock industry study.new text end

new text begin$47,000 the first year and $47,000 the second year are for the Northern Crops Institute. These appropriations may be spent to purchase equipment.new text end

new text begin$18,000 the first year and $18,000 the second year are for grants to the Minnesota Livestock Breeders Association.new text end

new text begin$235,000 the first year and $235,000 the second year are for grants to the Minnesota Agricultural Education and Leadership Council for programs of the council under Minnesota Statutes, chapter 41D.new text end

new text begin$474,000 the first year and $474,000 the second year are for payments to county and district agricultural societies and associations under Minnesota Statutes, section 38.02, subdivision 1. Aid payments to county and district agricultural societies and associations shall be disbursed no later than July 15 of each year. These payments are the amount of aid from the state for an annual fair held in the previous calendar year.new text end

new text begin$1,000 the first year and $1,000 the second year are for grants to the Minnesota State Poultry Association.new text end

new text begin$108,000 the first year and $108,000 the second year are for annual grants to the Minnesota Turf Seed Council for basic and applied research on: (1) the improved production of forage and turf seed related to new and improved varieties; and (2) native plants, including plant breeding, nutrient management, pest management, disease management, yield, and viability. The grant recipient may subcontract with a qualified third party for some or all of the basic or applied research.new text end

new text begin$550,000 the first year and $550,000 the second year are for grants to Second Harvest Heartland on behalf of Minnesota's six Second Harvest food banks for the purchase of milk for distribution to Minnesota's food shelves and other charitable organizations that are eligible to receive food from the food banks. Milk purchased under the grants must be acquired from Minnesota milk processors and based on low-cost bids. The milk must be allocated to each Second Harvest food bank serving Minnesota according to the formula used in the distribution of United States Department of Agriculture commodities under The Emergency Food Assistance Program (TEFAP). Second Harvest Heartland must submit quarterly reports to the commissioner on forms prescribed by the commissioner. The reports must include, but are not limited to, information on the expenditure of funds, the amount of milk purchased, and the organizations to which the milk was distributed. Second Harvest Heartland may enter into contracts or agreements with food banks for shared funding or reimbursement of the direct purchase of milk. Each food bank receiving money from this appropriation may use up to two percent of the grant for administrative expenses.new text end

new text begin$113,000 the first year and $113,000 the second year are for transfer to the Board of Trustees of the Minnesota State Colleges and Universities for statewide mental health counseling support to farm families and business operators. South Central College shall serve as the fiscal agent.new text end

new text begin$17,000 the first year and $17,000 the second year are for grants to the Minnesota Horticultural Society.new text end

Sec. 3. new text beginBOARD OF ANIMAL HEALTHnew text end

new text begin$ new text end

new text begin5,318,000new text end

new text begin$ new text end

new text begin5,384,000new text end

Sec. 4. new text beginAGRICULTURAL UTILIZATION RESEARCH INSTITUTEnew text end

new text begin(a) $3,619,000 is appropriated from the general fund in fiscal year 2016 to the commissioner of agriculture for avian influenza emergency response activities. The commissioner may use money appropriated under this paragraph to purchase necessary euthanasia and composting equipment and to reimburse costs incurred by local units of government directly related to avian influenza emergency response activities that are not eligible for federal reimbursement. This appropriation is available the day following final enactment until June 30, 2017.new text end

new text begin(b) $1,853,000 is appropriated from the general fund in fiscal year 2016 to the Board of Animal Health for avian influenza emergency response activities. The Board may use money appropriated under this paragraph to purchase necessary euthanasia and composting equipment. This appropriation is available the day following final enactment until June 30, 2017.new text end

new text begin(c) $103,000 is appropriated from the general fund in fiscal year 2016 to the commissioner of health for avian influenza emergency response activities. This appropriation is available the day following final enactment until June 30, 2017.new text end

new text begin(d) $350,000 is appropriated from the general fund in fiscal year 2016 to the commissioner of natural resources for sampling wild animals to detect and monitor the avian influenza virus. This appropriation may also be used to conduct serology sampling, in consultation with the Board of Animal Health and the University of Minnesota Pomeroy Chair in Avian Health, from birds within a control zone and outside of a control zone. This appropriation is available the day following final enactment until June 30, 2017.new text end

new text begin(e) $544,000 is appropriated from the general fund in fiscal year 2016 to the commissioner of public safety to operate the State Emergency Operation Center in coordination with the statewide avian influenza response activities. Appropriations under this paragraph may also be used to support a staff person at the state's agricultural incident command post in Willmar. This appropriation is available the day following final enactment until June 30, 2017.new text end

new text begin(f) The commissioner of management and budget may transfer unexpended balances from the appropriations in this section to any state agency for operating expenses related to avian influenza emergency response activities. The commissioner of management and budget must report each transfer to the chairs and ranking minority members of the senate Committee on Finance and the house of representatives Committee on Ways and Means.new text end

new text begin$10,000,000 is appropriated in fiscal year 2016 from the general fund to the commissioner of agriculture for transfer to the rural finance authority revolving loan account under Minnesota Statutes, section 41B.06, for the purposes of disaster recovery loans under Minnesota Statutes, section 41B.047. This appropriation is available the day following final enactment until June 30, 2017.new text end

new text beginAll federal money received in fiscal years 2015 through 2017 by the Board of Animal Health or the commissioner of agriculture, health, natural resources, or public safety to address avian influenza is appropriated in the fiscal year when it is received. Before spending federal funds appropriated in this section, the commissioner of management and budget shall report the anticipated federal funds appropriated under this section and their intended purpose to the Legislative Advisory Commission, consistent with the urgent federal funds request procedure under Minnesota Statutes, section 3.3005, subdivision 4. By January 15, 2018, the commissioner of management and budget shall report the actual federal funds received and appropriated under this section and their actual use to the Legislative Advisory Commission.new text end

Sec. 8. new text beginEFFECTIVE DATE.new text end

new text beginSections 5 to 7 are effective the day following final enactment.new text end

ARTICLE 2

AGRICULTURE POLICY

Section 1.

Minnesota Statutes 2014, section 3.737, is amended by adding a subdivision to read:

new text beginSubd. 6.new text end

new text beginFederal reimbursement.new text end

new text beginThe commissioner must pursue federal reimbursement for any compensation payment issued under this section while:new text end

new text begin(1) the United States Fish and Wildlife Service lists the Minnesota population of gray wolves as endangered and threatened wildlife under the federal Endangered Species Act; ornew text end

new text begin(2) the federal government otherwise prohibits livestock producers from protecting their livestock from wolf depredation.new text end

(b) Farm advocate data. The following data supplied by farmer clients to Minnesota farm advocates and to the Department of Agriculture are private data on individuals: financial history, including listings of assets and debts, and personal and emotional status information.

Sec. 4.

Subd. 29.

Structural pest control.

"Structural pest control" means the control of any structural pest through the deleted text beginuse of a device, a procedure, ordeleted text end application of pesticides new text beginor through other means new text endin or around a building or other structures, including trucks, boxcars, ships, aircraft, docks, and fumigation vaultsdeleted text begin, and the business activity related to use of a device, a procedure, or application of a pesticidedeleted text end.

Sec. 5.

Subdivision 1.

Establishment.

A pesticide regulatory account is established in the agricultural fund. Fees, assessments, and penalties collected under this chapter must be deposited in the agricultural fund and credited to the pesticide regulatory account. Money in the account, including interest, is appropriated to the commissioner for the administration and enforcement of this chapternew text begin and up to $20,000 per fiscal year may also be used by the commissioner for purposes of section 18H.14, paragraph (e)new text end.

Subdivision 1.

Requirement.

(2) as a sole proprietorship, company, partnership, or corporation unless the person is or employs a licensed master in structural pest control operations.

(b) A structural pest control licensee must have a valid license identification card deleted text beginwhen applyingdeleted text endnew text begin to purchase a restricted use pesticide or applynew text end pesticides for hire and must display it upon demand by an authorized representative of the commissioner or a law enforcement officer. The license identification card must contain information required by the commissioner.

deleted text begin(c) Notwithstanding the licensing requirements of this subdivision, a person may control the following nuisance or economically damaging wild animals, by trapping, without a structural pest control license:deleted text end

deleted text begin(1) fur-bearing animals, as defined in section 97A.015, with a valid trapping license or special permit from the commissioner of natural resources; anddeleted text end

Sec. 7.

Subdivision 1.

Requirement.

(a) A person may not apply a pesticide for hire without a commercial applicator license for the appropriate use categories or a structural pest control license.

(b) A commercial applicator licensee must have a valid license identification card deleted text beginwhen applyingdeleted text endnew text begin to purchase a restricted use pesticide or applynew text end pesticides for hire and must display it upon demand by an authorized representative of the commissioner or a law enforcement officer. The commissioner shall prescribe the information required on the license identification card.

Sec. 8.

Subdivision 1.

Requirement.

(a) Except for a licensed commercial applicator, certified private applicator, or licensed structural pest control applicator, a person, including a government employee, may not new text beginpurchase or new text enduse a restricted use pesticide in performance of official duties without having a noncommercial applicator license for an appropriate use category.

(b) A licensee must have a valid license identification card when applying pesticides and must display it upon demand by an authorized representative of the commissioner or a law enforcement officer. The license identification card must contain information required by the commissioner.

Sec. 9.

Subd. 6.

Payment of inspection fee.

(a) The person who registers and distributes in the state a specialty fertilizer, soil amendment, or plant amendment under section 18C.411shall pay the inspection fee to the commissioner.

(b) The person licensed under section 18C.415 who distributes a fertilizer to a person not required to be so licensed shall pay the inspection fee to the commissioner, except as exempted under section 18C.421, subdivision 1, paragraph (b).

(c) The person responsible for payment of the inspection fees for fertilizers, soil amendments, or plant amendments sold and used in this state must pay an inspection fee of deleted text begin30deleted text endnew text begin 39new text end cents per ton, and until June 30, 2019, an additional 40 cents per ton, of fertilizer, soil amendment, and plant amendment sold or distributed in this state, with a minimum of $10 on all tonnage reports. new text beginNotwithstanding section 18C.131, the commissioner must deposit all revenue from the additional 40 cent per ton fee in the agricultural fertilizer research and education account in section 18C.80. new text endProducts sold or distributed to manufacturers or exchanged between them are exempt from the inspection fee imposed by this subdivision if the products are used exclusively for manufacturing purposes.

(d) A registrant or licensee must retain invoices showing proof of fertilizer, plant amendment, or soil amendment distribution amounts and inspection fees paid for a period of three years.

Sec. 10.

Subd. 2.

Powers and duties.

The council must review applications and select projects to receive agricultural fertilizer research and education program grants, as authorized in section 18C.71. The council must establish a program to provide grants to research, education, and technology transfer projects related to agricultural fertilizer, soil amendments, and plant amendments. For the purpose of this section, "fertilizer" includes soil amendments and plant amendments, but does not include vegetable or animal manures that are not manipulated. The commissioner is responsible for all fiscal and administrative duties deleted text beginin the first year and may use up to eight percent of program revenue to offset costs incurred. No later than October 1, 2007, the commissioner must provide the council with an estimate of the annual costs the commissioner would incur in administering the programdeleted text end.

Sec. 11.

new text begin[18C.80] AGRICULTURAL FERTILIZER RESEARCH AND EDUCATION ACCOUNT.new text end

new text beginSubdivision 1.new text end

new text beginAccount; appropriation.new text end

new text beginAn agricultural fertilizer research and education account is established in the agricultural fund. Money in the account, including interest earned, is appropriated to the commissioner for grants determined by the Minnesota Agricultural Fertilizer Research and Education Council under section 18C.71. The commissioner may use up to $80,000 each fiscal year for direct costs incurred to provide fiscal and administrative support to the council as required under section 18C.70, subdivision 2. The commissioner may also recover associated indirect costs from the account as required under section 16A.127.new text end

new text beginSubd. 2.new text end

new text beginExpiration.new text end

new text beginThis section expires June 30, 2020.new text end

Sec. 12.

Subd. 3.

Cooperative agreements.

The commissioner may enter into cooperative agreements with federal and state agencies for administration of the export certification program. deleted text beginAn exporter of plants or plant products desiring to originate shipments from Minnesota to a foreign country requiring a phytosanitary certificate or export certificate must submit an application to the commissioner.deleted text end

Sec. 13.

Subd. 4.

Phytosanitary and export certificates.

new text beginAn exporter of plants or plant products desiring to originate shipments from Minnesota to a foreign country requiring a phytosanitary certificate or export certificate must submit an application to the commissioner. new text endApplication for phytosanitary certificates or export certificates must be made on forms provided or approved by the commissioner. The commissioner deleted text beginshalldeleted text endnew text begin may new text endconduct inspections of plants, plant products, or facilities for persons that have applied for or intend to apply for a phytosanitary certificate or export certificate from the commissioner. deleted text beginInspections must include one or more of the following as requested or required:deleted text end

deleted text begin(1) an inspection of the plants or plant products intended for export under a phytosanitary certificate or export certificate;deleted text end

deleted text begin(2) field inspections of growing plants to determine presence or absence of plant diseases, if necessary;deleted text end

deleted text begin(3) laboratory diagnosis for presence or absence of plant diseases, if necessary;deleted text end

deleted text begin(4) observation and evaluation of procedures and facilities utilized in handling plants and plant products, if necessary; anddeleted text end

deleted text begin(5) review of United States Department of Agriculture, Federal Grain Inspection Service Official Export Grain Inspection Certificate logs.deleted text end

The commissioner may issue a phytosanitary certificate or export certificate if the plants or plant products satisfactorily meet the requirements of the importing foreign country and the United States Department of Agriculture requirements. The requirements of the destination countries must be met by the applicant.

Sec. 14.

Subd. 5.

Certificate fees.

(a) The commissioner shall assess deleted text beginthe fees in paragraphs (b) to (f)deleted text endnew text begin fees sufficient to recover all costsnew text end for the inspection, service, and work performed in carrying out the issuance of a phytosanitary certificate or export certificate. deleted text beginThe inspection fee must be based on mileage and inspection time.deleted text end

deleted text begin(b) Mileage charge: current United States Internal Revenue Service mileage rate.deleted text end

deleted text begin(c) Inspection time: $50 per hour minimum or fee necessary to cover department costs. Inspection time includes the driving time to and from the location in addition to the time spent conducting the inspection.deleted text end

deleted text begin(d)deleted text endnew text begin (b)new text end If laboratory analysis or other technical analysis is required to issue a certificate, the commissioner must set and collect the fee to recover this additional cost.

deleted text begin(e)deleted text endnew text begin (c) Thenew text end certificate fee deleted text beginfor product value greater than $250:deleted text endnew text begin isnew text end $75 new text beginor a fee amount, not to exceed $300, that is sufficient to recover all processing costs new text endfor each phytosanitary or export certificate issued deleted text beginfor any single shipment valued at more than $250deleted text end in addition to any mileage or inspection time charges that are assessed.

deleted text begin(f) Certificate fee for product value less than $250: $25 for each phytosanitary or export certificate issued for any single shipment valued at less than $250 in addition to any mileage or inspection time charges that are assessed.deleted text end

deleted text begin(g)deleted text endnew text begin (d)new text end For services provided for in subdivision 7 that are goods and services provided for the direct and primary use of a private individual, business, or other entity, the commissioner must set and collect the fees to cover the cost of the services provided.

Sec. 15.

Subd. 20.

Nursery stock.

"Nursery stock" means a plant intended for planting or propagation, including, but not limited to, trees, shrubs, vines, perennials, biennials, grafts, cuttings, and buds that may be sold for propagation, whether cultivated or wild, and all viable parts of these plants. Nursery stock does not include:

(4) cut flowers, unless stems or other portions are intended for propagation;

(5) annuals; or

(6) Christmas trees.

Sec. 16.

Minnesota Statutes 2014, section 18H.02, is amended by adding a subdivision to read:

new text beginSubd. 32a.new text end

new text beginSod.new text end

new text begin"Sod" means the upper portion of soil that contains the roots of grasses and the living grass plants.new text end

Sec. 17.

Minnesota Statutes 2014, section 18H.02, is amended by adding a subdivision to read:

new text beginSubd. 35.new text end

new text beginTropical plant.new text end

new text begin"Tropical plant" means a plant that has a United States Department of Agriculture hardiness zone designation of zone 6 or greater, or an annual minimum hardiness temperature of -9 degrees Fahrenheit.new text end

Sec. 18.

Subd. 2.

Occasional sales.

(a) An individual may offer nursery stock for sale and be exempt from the requirement to obtain a nursery stock deleted text begindealerdeleted text end certificate if:

(1) the gross sales of all nursery stock in a calendar year do not exceed $2,000;

(2) all nursery stock sold or distributed by the individual is intended for planting in Minnesota;

(3) all nursery stock purchased or procured for resale or distribution was grown in Minnesota and has been certified by the commissioner; and

(4) new text beginthe individual new text endconducts sales or distributions of nursery stock on ten or fewer days in a calendar year.

(b) The commissioner may prescribe the conditions of the exempt nursery sales under this subdivision and may conduct routine inspections of the nursery stock offered for sale.

Sec. 19.

Minnesota Statutes 2014, section 18H.07, is amended to read:

18H.07 FEE SCHEDULE.

Subdivision 1.

Establishment of fees.

The commissioner shall establish fees sufficient to allow for the administration and enforcement of this chapter and rules adopted under this chapter, including the portion of general support costs and statewide indirect costs of the agency attributable to that function, with a reserve sufficient for up to six months. The commissioner shall review the fee schedule annually in consultation with the Minnesota Nursery and Landscape Advisory Committee. For the certificate year beginning January 1, 2006, the fees are as described in this section.

Subd. 2.

Nursery stock grower certificate.

(a) A nursery stock grower must pay an annual fee based on the area of all acreage on which nursery stock is grown deleted text beginfor certificationdeleted text end as follows:

(1) less than one-half acre, $150;

(2) from one-half acre to two acres, $200;

(3) over two acres up to five acres, $300;

(4) over five acres up to ten acres, $350;

(5) over ten acres up to 20 acres, $500;

(6) over 20 acres up to 40 acres, $650;

(7) over 40 acres up to 50 acres, $800;

(8) over 50 acres up to 200 acres, $1,100;

(9) over 200 acres up to 500 acres, $1,500; and

(10) over 500 acres, $1,500 plus $2 for each additional acre.

(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee due must be charged for each month, or portion thereof, that the fee is delinquent up to a maximum of 30 percent for any application for renewal not postmarked by December 31 of the current year.

new text begin(c) A nursery stock grower found operating without a valid nursery stock grower certificate cannot offer for sale or sell nursery stock until: (1) payment is received by the commissioner for (i) the certificate fee due, and (ii) a penalty equal to the certificate fee owed; and (2) a new certificate is issued to the nursery stock grower by the commissioner.new text end

Subd. 3.

Nursery stock dealer certificate.

(a) A nursery stock dealer must pay an annual fee based on the dealer's gross sales of certified nursery stock per location during the most recent certificate year. A certificate applicant operating for the first time must pay the minimum fee. The fees per sales location are:

(1) gross sales up to $5,000, $150;

(2) gross sales over $5,000 up to $20,000, $175;

(3) gross sales over $20,000 up to $50,000, $300;

(4) gross sales over $50,000 up to $75,000, $425;

(5) gross sales over $75,000 up to $100,000, $550;

(6) gross sales over $100,000 up to $200,000, $675; and

(7) gross sales over $200,000, $800.

(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee due must be charged for each month, or portion thereof, that the fee is delinquent up to a maximum of 30 percent for any application for renewal not postmarked by December 31 of the current year.

new text begin(c) A nursery stock dealer found operating without a valid nursery stock dealer certificate cannot offer for sale or sell nursery stock until: (1) payment is received by the commissioner for (i) the certificate fee due, and (ii) a penalty equal to the certificate fee owed; and (2) a new certificate is issued to the nursery stock dealer by the commissioner.new text end

Subd. 4.

Reinspection; additional or optional inspection fees.

If a reinspection is required or an additional inspection is needed or requested a fee must be assessed based on mileage and inspection time as follows:

(1) mileage must be charged at the current United States Internal Revenue Service reimbursement rate; and

(2) inspection time must be charged at deleted text beginthe rate of $50 per hourdeleted text endnew text begin a rate sufficient to recover all inspection costsnew text end, including the driving time to and from the location in addition to the time spent conducting the inspection.

Sec. 20.

Minnesota Statutes 2014, section 18H.17, is amended to read:

18H.17 NURSERY AND PHYTOSANITARY ACCOUNT.

A nursery and phytosanitary account is established in the state treasury. The fees and penalties collected under this chapter and interest attributable to money in the account must be deposited in the state treasury and credited to the nursery and phytosanitary account in the agricultural fund. Money in the account, including interest earned, is annually appropriated to the commissioner for the administration and enforcement for this chapter.new text begin The commissioner may spend no more than $20,000 from the account each fiscal year for purposes of section 18H.14, paragraph (e).new text end

18J.02 DUTIES OF COMMISSIONER.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 23.

Minnesota Statutes 2014, section 18J.03, is amended to read:

18J.03 CIVIL LIABILITY.

A person regulated by this chapter, chapter 18G, 18H, new text begin18K, new text end27, 223, 231, or 232, or sections 21.80 to 21.92, is civilly liable for any violation of one of those statutes or associated rules by the person's employee or agent.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 24.

Subdivision 1.

Access and entry.

The commissioner, upon presentation of official department credentials, must be granted immediate access at reasonable times to sites where a person manufactures, distributes, uses, handles, disposes of, stores, or transports seeds, plants, grain, household goods, general merchandise, produce, or other living or nonliving products or other objects regulated under chapter 18G, 18H, new text begin18K, new text end27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 25.

Subd. 2.

Purpose of entry.

(a) The commissioner may enter sites for:

(1) inspection of inventory and equipment for the manufacture, storage, handling, distribution, disposal, or any other process regulated under chapter 18G, 18H, new text begin18K, new text end27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules;

(2) sampling of sites, seeds, plants, products, grain, household goods, general merchandise, produce, or other living or nonliving objects that are manufactured, stored, distributed, handled, or disposed of at those sites and regulated under chapter 18G, 18H, new text begin18K, new text end27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules;

(3) inspection of records related to the manufacture, distribution, storage, handling, or disposal of seeds, plants, products, grain, household goods, general merchandise, produce, or other living or nonliving objects regulated under chapter 18G, 18H, new text begin18K, new text end27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules;

(b) The commissioner may enter any public or private premises during or after regular business hours without notice of inspection when a suspected violation of chapter 18G, 18H, new text begin18K, new text end27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules may threaten public health or the environment.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 26.

Subd. 3.

Notice of inspection samples and analyses.

(a) The commissioner shall provide the owner, operator, or agent in charge with a receipt describing any samples obtained. If requested, the commissioner shall split any samples obtained and provide them to the owner, operator, or agent in charge. If an analysis is made of the samples, a copy of the results of the analysis must be furnished to the owner, operator, or agent in charge within 30 days after an analysis has been performed. If an analysis is not performed, the commissioner must notify the owner, operator, or agent in charge within 30 days of the decision not to perform the analysis.

(b) The sampling and analysis must be done according to methods provided for under applicable provisions of chapter 18G, 18H, new text begin18K, new text end27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules. In cases not covered by those sections and methods or in cases where methods are available in which improved applicability has been demonstrated the commissioner may adopt appropriate methods from other sources.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 27.

Subd. 4.

Inspection requests by others.

(a) A person who believes that a violation of chapter 18G, 18H, new text begin18K, new text end27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules has occurred may request an inspection by giving notice to the commissioner of the violation. The notice must be in writing, state with reasonable particularity the grounds for the notice, and be signed by the person making the request.

(b) If after receiving a notice of violation the commissioner reasonably believes that a violation has occurred, the commissioner shall make a special inspection in accordance with the provisions of this section as soon as practicable, to determine if a violation has occurred.

(c) An inspection conducted pursuant to a notice under this subdivision may cover an entire site and is not limited to the portion of the site specified in the notice. If the commissioner determines that reasonable grounds to believe that a violation occurred do not exist, the commissioner must notify the person making the request in writing of the determination.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 28.

Subdivision 1.

Enforcement required.

(a) A violation of chapter 18G, 18H, new text begin18K, new text end27, 223, 231, or 232; sections 21.80 to 21.92; or an associated rule is a violation of this chapter.

(b) Upon the request of the commissioner, county attorneys, sheriffs, and other officers having authority in the enforcement of the general criminal laws must take action to the extent of their authority necessary or proper for the enforcement of chapter 18G, 18H, new text begin18K, new text end27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules or valid orders, standards, stipulations, and agreements of the commissioner.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 29.

Subd. 2.

Commissioner's discretion.

If minor violations of chapter 18G, 18H, new text begin18K, new text end27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules occur or the commissioner believes the public interest will be best served by a suitable notice of warning in writing, this section does not require the commissioner to:

(1) report the violation for prosecution;

(2) institute seizure proceedings; or

(3) issue a withdrawal from distribution, stop-sale, or other order.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 30.

Subd. 6.

Agent for service of process.

All persons licensed, permitted, registered, or certified under chapter 18G, 18H, new text begin18K, new text end27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules must appoint the commissioner as the agent upon whom all legal process may be served and service upon the commissioner is deemed to be service on the licensee, permittee, registrant, or certified person.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 31.

Minnesota Statutes 2014, section 18J.06, is amended to read:

18J.06 FALSE STATEMENT OR RECORD.

A person must not knowingly make or offer a false statement, record, or other information as part of:

(1) an application for registration, license, certification, or permit under chapter 18G, 18H, new text begin18K, new text end27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules;

new text beginEFFECTIVE DATE.new text end

Sec. 32.

Subd. 3.

Cancellation of registration, permit, license, certification.

The commissioner may cancel or revoke a registration, permit, license, or certification provided for under chapter 18G, 18H, new text begin18K, new text end27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules or refuse to register, permit, license, or certify under provisions of chapter 18G, 18H, new text begin18K, new text end27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules if the registrant, permittee, licensee, or certified person has used fraudulent or deceptive practices in the evasion or attempted evasion of a provision of chapter 18G, 18H, new text begin18K, new text end27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 33.

Subd. 4.

Service of order or notice.

(a) If a person is not available for service of an order, the commissioner may attach the order to the facility, site, seed or seed container, plant or other living or nonliving object regulated under chapter 18G, 18H, new text begin18K, new text end27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules and notify the owner, custodian, other responsible party, or registrant.

(b) The seed, seed container, plant, or other living or nonliving object regulated under chapter 18G, 18H, new text begin18K, new text end27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules may not be sold, used, tampered with, or removed until released under conditions specified by the commissioner, by an administrative law judge, or by a court.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 34.

Subd. 5.

Unsatisfied judgments.

(a) An applicant for a license, permit, registration, or certification under provisions of this chapter, chapter 18G, 18H, new text begin18K, new text end27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules may not allow a final judgment against the applicant for damages arising from a violation of those statutes or rules to remain unsatisfied for a period of more than 30 days.

(b) Failure to satisfy, within 30 days, a final judgment resulting from a violation of this chapter results in automatic suspension of the license, permit, registration, or certification.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 35.

Minnesota Statutes 2014, section 18J.09, is amended to read:

18J.09 CREDITING OF PENALTIES, FEES, AND COSTS.

Penalties, cost reimbursements, fees, and other money collected under this chapter must be deposited into the state treasury and credited to the appropriate nursery and phytosanitarynew text begin, industrial hemp,new text end or seed account.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 36.

Subdivision 1.

General violation.

Except as provided in subdivisions 2 deleted text beginanddeleted text endnew text begin,new text end 3new text begin, and 4new text end, a person is guilty of a misdemeanor if the person violates this chapter or an order, standard, stipulation, agreement, or schedule of compliance of the commissioner.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 37.

Minnesota Statutes 2014, section 18J.11, is amended by adding a subdivision to read:

new text beginSubd. 4.new text end

new text beginControlled substance offenses.new text end

new text beginProsecution under this section does not preclude prosecution under chapter 152.new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 38.

new text begin[18K.01] SHORT TITLE.new text end

new text beginThis chapter may be referred to as the "Industrial Hemp Development Act."new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 39.

new text begin[18K.02] DEFINITIONS.new text end

new text beginSubdivision 1.new text end

new text beginScope.new text end

new text beginThe definitions in this section apply to this chapter.new text end

new text beginSubd. 2.new text end

new text beginCommissioner.new text end

new text begin"Commissioner" means the commissioner of agriculture.new text end

new text beginSubd. 3.new text end

new text beginIndustrial hemp.new text end

new text begin"Industrial hemp" means the plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp is not marijuana as defined in section 152.01, subdivision 9.new text end

new text beginSubd. 4.new text end

new text beginMarijuana.new text end

new text begin"Marijuana" has the meaning given in section 152.01, subdivision 9.new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 40.

new text beginIndustrial hemp is an agricultural crop in this state. A person may possess, transport, process, sell, or buy industrial hemp that is grown pursuant to this chapter.new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 41.

new text begin[18K.04] LICENSING.new text end

new text beginSubdivision 1.new text end

new text beginRequirement; issuance; presumption.new text end

new text begin(a) A person must obtain a license from the commissioner before growing industrial hemp for commercial purposes. A person must apply to the commissioner in the form prescribed by the commissioner and must pay the annual registration and inspection fee established by the commissioner in accordance with section 16A.1285, subdivision 2. The license application must include the name and address of the applicant and the legal description of the land area or areas where industrial hemp will be grown by the applicant.new text end

new text begin(b) When an applicant has paid the fee and completed the application process to the satisfaction of the commissioner, the commissioner must issue a license which is valid until December 31 of the year of application.new text end

new text begin(c) A person licensed under this section is presumed to be growing industrial hemp for commercial purposes.new text end

new text beginSubd. 2.new text end

new text beginBackground check; data classification.new text end

new text beginThe commissioner must require each first-time applicant for a license to submit to a background investigation conducted by the Bureau of Criminal Apprehension as a condition of licensure. As part of the background investigation, the Bureau of Criminal Apprehension must conduct criminal history checks of Minnesota records and is authorized to exchange fingerprints with the United States Department of Justice, Federal Bureau of Investigation for the purpose of a criminal background check of the national files. The cost of the investigation must be paid by the applicant. Criminal history records provided to the commissioner under this section must be treated as private data on individuals, as defined in section 13.02, subdivision 12.new text end

new text beginSubd. 3.new text end

new text beginFederal requirements.new text end

new text beginThe applicant must demonstrate to the satisfaction of the commissioner that the applicant has complied with all applicable federal requirements pertaining to the production, distribution, and sale of industrial hemp.new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 42.

new text begin[18K.05] ANNUAL REPORT; SALES NOTIFICATION.new text end

new text begin(a) Annually, a licensee must file with the commissioner:new text end

new text begin(1) documentation demonstrating to the commissioner's satisfaction that the seeds planted by the licensee are of a type and variety that contain no more than three-tenths of one percent delta-9 tetrahydrocannabinol; andnew text end

new text begin(2) a copy of any contract to grow industrial hemp.new text end

new text begin(b) Within 30 days, a licensee must notify the commissioner of each sale or distribution of industrial hemp grown by the licensee including, but not limited to, the name and address of the person receiving the industrial hemp and the amount of industrial hemp sold or distributed.new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 43.

new text begin[18K.06] RULEMAKING.new text end

new text begin(a) The commissioner shall adopt rules governing the production, testing, and licensing of industrial hemp.new text end

new text begin(b) Rules adopted under paragraph (a) must include, but not be limited to, provisions governing:new text end

new text begin(1) the supervision and inspection of industrial hemp during its growth and harvest;new text end

new text begin(2) the testing of industrial hemp to determine delta-9 tetrahydrocannabinol levels;new text end

new text begin(3) the use of background checks results required under section 18K.04 to approve or deny a license application; andnew text end

new text begin(4) any other provision or procedure necessary to carry out the purposes of this chapter.new text end

new text begin(c) Rules issued under this section must be consistent with federal law regarding the production, distribution, and sale of industrial hemp.new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day after the federal government authorizes the commercial production of industrial hemp in this country.new text end

Sec. 44.

new text begin[18K.07] FEES.new text end

new text beginFees collected under this chapter must be credited to the industrial hemp account, which is hereby established in the agricultural fund in the state treasury. Interest earned in the account accrues to the account. Funds in the industrial hemp account are annually appropriated to the commissioner to implement and enforce this chapter.new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 45.

new text begin[18K.08] DEFENSE FOR POSSESSION OF MARIJUANA. new text end

new text beginIt is an affirmative defense to a prosecution for the possession of marijuana under chapter 152 if:new text end

new text begin(1) the defendant possesses industrial hemp grown pursuant to this chapter; ornew text end

new text begin(2) the defendant has a valid controlled substance registration from the United States Department of Justice, Drug Enforcement Administration, if required under federal law.new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 46.

new text begin[18K.09] PILOT PROGRAM; OTHER RESEARCH AUTHORIZED.new text end

new text beginSubdivision 1.new text end

new text beginAuthorized activity.new text end

new text beginThe commissioner may grow or cultivate industrial hemp pursuant to a pilot program administered by the commissioner to study the growth, cultivation, or marketing of industrial hemp. The commissioner may: (1) authorize institutions of higher education to grow or cultivate industrial hemp as part of the commissioner's pilot program or as is necessary to perform other agricultural, renewable energy, or academic research; and (2) contract with public or private entities for testing or other activities authorized under this subdivision. Authorized activity under this section may include collecting seed from wild hemp sources.new text end

new text beginSubd. 2.new text end

new text beginSite registration.new text end

new text beginBefore growing or cultivating industrial hemp pursuant to this section, each site must be registered with and certified by the commissioner. A person must register each site annually in the form prescribed by the commissioner and must pay the annual registration and certification fee established by the commissioner in accordance with section 16A.1285, subdivision 2.new text end

new text beginSubd. 3.new text end

new text beginRulemaking.new text end

new text beginThe commissioner may adopt rules that govern the pilot program pursuant to this section and Public Law 113-79.new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.new text end

Sec. 47.

Subd. 2.

Permits; issuance and revocation.

The commissioner shall issue a permit to the initial labeler of agricultural, vegetable, flower, and wildflower seeds which are sold for use in Minnesota and which conform to and are labeled under sections 21.80 to 21.92. The categories of permits are as follows:

(1) for initial labelers who sell 50,000 pounds or less of agricultural seed each calendar year, an annual permit issued for a fee established in section 21.891, subdivision 2, paragraph (b);

(2) for initial labelers who sell vegetable, flower, and wildflower seed packed for use in home gardens or household plantings, new text beginand initial labelers who sell native grasses and wildflower seed in commercial or agricultural quantities, new text endan annual permit issued for a fee established in section 21.891, subdivision 2, paragraph (c), based upon the gross sales from the previous year; and

(3) for initial labelers who sell more than 50,000 pounds of agricultural seed each calendar year, a permanent permit issued for a fee established in section 21.891, subdivision 2, paragraph (d).

In addition, the person shall furnish to the commissioner an itemized statement of all seeds sold in Minnesota for the periods established by the commissioner. This statement shall be delivered, along with the payment of the fee, based upon the amount and type of seed sold, to the commissioner no later than 30 days after the end of each reporting period. Any person holding a permit shall show as part of the analysis labels or invoices on all agricultural, vegetable, flower, wildflower, tree, or shrub seeds all information the commissioner requires. The commissioner may revoke any permit in the event of failure to comply with applicable laws and rules.

Sec. 48.

Subd. 2.

Seed fee permits.

(a) An initial labeler who wishes to sell seed in Minnesota must comply with section 21.89, subdivisions 1 and 2, and the procedures in this subdivision. Each initial labeler who wishes to sell seed in Minnesota must apply to the commissioner to obtain a permit. The application must contain the name and address of the applicant, the application date, and the name and title of the applicant's contact person.

new text begin(7) for gross sales of $1,000,001 and above, the annual permit fee is $4,500new text end.

(d) The application for a seed permit covered by section 21.89, subdivision 2, clause (3), must be accompanied by an application fee of deleted text begin$50deleted text endnew text begin $75new text end. Initial labelers holding seed fee permits covered under this paragraph need not apply for a new permit or pay the application fee. Under this permit category, the fees for the following kinds of agricultural seed sold either in bulk or containers are:

(e) If, for reasons beyond the control and knowledge of the initial labeler, seed is shipped into Minnesota by a person other than the initial labeler, the responsibility for the seed fees are transferred to the shipper. An application for a transfer of this responsibility must be made to the commissioner. Upon approval by the commissioner of the transfer, the shipper is responsible for payment of the seed permit fees.

(f) Seed permit fees may be included in the cost of the seed either as a hidden cost or as a line item cost on each invoice for seed sold. To identify the fee on an invoice, the words "Minnesota seed permit fees" must be used.

(g) All seed fee permit holders must file semiannual reports with the commissioner, even if no seed was sold during the reporting period. Each semiannual report must be submitted within 30 days of the end of each reporting period. The reporting periods are October 1 to March 31 and April 1 to September 30 of each year or July 1 to December 31 and January 1 to June 30 of each year. Permit holders may change their reporting periods with the approval of the commissioner.

(h) The holder of a seed fee permit must pay fees on all seed for which the permit holder is the initial labeler and which are covered by sections 21.80 to 21.92 and sold during the reporting period.

(i) If a seed fee permit holder fails to submit a semiannual report and pay the seed fee within 30 days after the end of each reporting period, the commissioner shall assess a penalty of $100 or eight percent, calculated on an annual basis, of the fee due, whichever is greater, but no more than $500 for each late semiannual report. A $15 penalty must be charged when the semiannual report is late, even if no fee is due for the reporting period. Seed fee permits may be revoked for failure to comply with the applicable provisions of this paragraph or the Minnesota seed law.

Sec. 50.

Subd. 2.

Application; fee; term.

A person who is required to have a commercial feed license shall submit an application on a form provided or approved by the commissioner accompanied by a fee of deleted text begin$25deleted text endnew text begin$75 new text endpaid to the commissioner for each location. A license is not transferable from one person to another, from one ownership to another, or from one location to another. The license year is the calendar year. A license expires on December 31 of the year for which it is issued, except that a license is valid through January 31 of the next year or until the issuance of the renewal license, whichever comes first, if the licensee has filed a renewal application with the commissioner on or before December 31 of the year for which the current license was issued. Any person who is required to have, but fails to obtain a license or a licensee who fails to comply with license renewal requirements, shall pay a deleted text begin$50deleted text endnew text begin $100new text end late fee in addition to the license fee.

Sec. 51.

Subdivision 1.

Amount of fee.

(a) An inspection fee at the rate of 16 cents per ton must be paid to the commissioner on commercial feeds distributed in this state by the person who first distributes the commercial feed, except that:

(1) no fee need be paid on:

(i) a commercial feed if the payment has been made by a previous distributor; or

(ii) customer formula feeds if the inspection fee is paid on the commercial feeds which are used as ingredients; or

(2) a Minnesota feed distributor who can substantiate that greater than 50 percent of the distribution of commercial feed is to purchasers outside the state may purchase commercial feeds without payment of the inspection fee under a tonnage fee exemption permit issued by the commissioner. Such location specific permits shall be issued on a calendar year basis to commercial feed distributors who submit a $100 nonrefundable application fee and comply with rules adopted by the commissioner relative to record keeping, tonnage of commercial feed distributed in Minnesota, total of all commercial feed tonnage distributed, and all other information which the commissioner may require so as to ensure that proper inspection fee payment has been made.

(b) In the case of pet food distributed in the state only in packages of ten pounds or less, a listing of each product and a current label for each product must be submitted annually on forms provided by the commissioner and accompanied by an annual fee of deleted text begin$50deleted text endnew text begin $100new text end for each product in lieu of the inspection fee. This annual fee is due by July 1. The inspection fee required by paragraph (a) applies to pet food distributed in packages exceeding ten pounds.

(c) In the case of specialty pet food distributed in the state only in packages of ten pounds or less, a listing of each product and a current label for each product must be submitted annually on forms provided by the commissioner and accompanied by an annual fee of deleted text begin$25deleted text endnew text begin$100 new text endfor each product in lieu of the inspection fee. This annual fee is due by July 1. The inspection fee required by paragraph (a) applies to specialty pet food distributed in packages exceeding ten pounds.

Sec. 52.

Subd. 1a.

Containers of ten pounds or less.

A distributor who is subject to the annual fee specified in subdivision 1, paragraph (b) or (c), shall do the following:

(1) before beginning distribution, file with the commissioner a listing of pet and specialty pet foods to be distributed in the state only in containers of ten pounds or less, on forms provided by the commissioner. The listing under this clause must be renewed annually before July 1 and is the basis for the payment of the annual fee. New products added during the year must be submitted to the commissioner as a supplement to the annual listing before distribution; and

(2) if the annual renewal of the listing is not received before July 1 or if an unlisted product is distributed, pay a late filing fee of deleted text begin$10deleted text endnew text begin $100new text end per product in addition to the normal charge for the listing. The late filing fee under this clause is in addition to any other penalty under this chapter.

Sec. 53.

new text begin[28A.152] COTTAGE FOODS EXEMPTION.new text end

new text beginSubdivision 1.new text end

new text beginLicensing provisions applicability.new text end

new text begin(a) The licensing provisions of sections 28A.01 to 28A.16 do not apply to the following:new text end

new text begin(1) an individual who prepares and sells food that is not potentially hazardous food, as defined in Minnesota Rules, part 4626.0020, subpart 62, if the following requirements are met:new text end

new text begin(i) the prepared food offered for sale under this clause is labeled to accurately reflect the name and address of the individual preparing and selling the food, the date on which the food was prepared, and the ingredients and any possible allergens; and new text end

new text begin(ii) the individual displays at the point of sale a clearly legible sign or placard stating: "These products are homemade and not subject to state inspection."; andnew text end

new text begin(2) an individual who prepares and sells home-processed and home-canned food products if the following requirements are met:new text end

new text begin(i) the products are pickles, vegetables, or fruits having an equilibrium pH value of 4.6 or lower;new text end

new text begin(ii) the products are home-processed and home-canned in Minnesota;new text end

new text begin(iii) the individual displays at the point of sale a clearly legible sign or placard stating: "These canned goods are homemade and not subject to state inspection."; andnew text end

new text begin(iv) each container of the product sold or offered for sale under this clause is accurately labeled to provide the name and address of the individual who processed and canned the goods, the date on which the goods were processed and canned, and ingredients and any possible allergens.new text end

new text begin(b) An individual who qualifies for an exemption under paragraph (a), clause (2), is also exempt from the provisions of sections 31.31 and 31.392.new text end

new text beginSubd. 2.new text end

new text beginDirect sales to consumers.new text end

new text begin(a) An individual qualifying for an exemption under subdivision 1 may sell the exempt food:new text end

new text begin(1) directly to the ultimate consumer;new text end

new text begin(2) at a community event or farmers' market; ornew text end

new text begin(3) directly from the individual's home to the consumer, to the extent allowed by local ordinance.new text end

new text begin(b) If an exempt food product will be delivered to the ultimate consumer upon sale of the food product, the individual who prepared the food product must be the person who delivers the food product to the ultimate consumer.new text end

new text begin(c) Food products exempt under subdivision 1, paragraph (a), clause (2), may not be sold outside of Minnesota.new text end

new text begin(d) Food products exempt under subdivision 1 may be sold over the Internet but must be delivered directly to the ultimate consumer by the individual who prepared the food product. The statement "These products are homemade and not subject to state inspection." must be displayed on the Web site that offers the exempt foods for purchase. new text end

new text beginSubd. 3.new text end

new text beginLimitation on sales.new text end

new text beginAn individual selling exempt foods under this section is limited to total sales with gross receipts of $18,000 or less in a calendar year. new text end

new text beginSubd. 4.new text end

new text beginRegistration.new text end

new text beginAn individual who prepares and sells exempt food under subdivision 1 must register annually with the commissioner. The annual registration fee is $50. An individual with $5,000 or less in annual gross receipts from the sale of exempt food under this section is not required to pay the registration fee.new text end

new text beginSubd. 5.new text end

new text beginTraining.new text end

new text begin(a) An individual with gross receipts between $5,000 and $18,000 in a calendar year from the sale of exempt food under this section must complete a safe food handling training course that is approved by the commissioner before registering under subdivision 4. The training shall not exceed eight hours and must be completed every three years while the individual is registered under subdivision 4.new text end

new text begin(b) An individual with gross receipts of less than $5,000 in a calendar year from the sale of exempt food under this section must satisfactorily complete an online course and exam as approved by the commissioner before registering under subdivision 4. The commissioner shall offer the online course and exam under this paragraph at no cost to the individual.new text end

new text beginSubd. 6.new text end

new text beginLocal ordinances.new text end

new text beginThis section does not preempt the application of any business licensing requirement or sanitation, public health, or zoning ordinance of a political subdivision.new text end

new text beginSubd. 7.new text end

new text beginAccount established.new text end

new text beginA cottage foods account is created as a separate account in the agricultural fund in the state treasury for depositing money received by the commissioner under this section. Money in the account, including interest, is appropriated to the commissioner for purposes of this section.new text end

Sec. 54.

Minnesota Statutes 2014, section 32.075, is amended to read:

32.075 TERM OF LICENSE; TRANSFERABILITY; FEES AND PENALTIES.

deleted text beginEverydeleted text endnew text beginAn initial new text endlicense issued by the commissioner deleted text beginshall be for a period ending deleted text endnew text beginexpires new text endon the new text beginfollowing December new text end31st deleted text beginday of December next following,deleted text end and deleted text beginshalldeleted text endnew text beginis new text endnot deleted text beginbedeleted text end transferable. new text beginA renewal license is valid for two years and expires on December 31 of the second year. new text endThe fee for deleted text begineach suchdeleted text endnew text beginan new text endinitial new text beginor renewal new text endlicense deleted text beginshall be $50 and each renewal thereof shall be $25 anddeleted text endnew text begin is $60. The feenew text end shall be paid to the commissioner before deleted text beginanydeleted text endnew text begin the commissioner issues an initial or renewal new text endlicense deleted text beginor renewal thereof is issueddeleted text end. If a license renewal is not applied for on or before January 1 of each year, a penalty of deleted text begin$10deleted text endnew text begin $30 new text endshall be imposed. A person who does not renew a license within one year following its December 31 expiration date, except those persons who do not renew such license while engaged in active military service, shall be required to prove competency and qualification pursuant to section 32.073, before a license is issued. The commissioner may require any other person who renews a license to prove competency and qualification in the same manner. All license fees and penalties received by the commissioner shall be deleted text beginpaid into the state treasurydeleted text endnew text begin deposited in the dairy services account in the agricultural fundnew text end.

Sec. 55.

Minnesota Statutes 2014, section 32.105, is amended to read:

32.105 MILK PROCUREMENT FEE.

Each dairy plant operator within the state must pay to the commissioner on or before the 18th of each month a fee of deleted text begin.71deleted text endnew text begin 1.1new text end cents per hundredweight of milk purchased the previous month. If a milk producer within the state ships milk out of the state for sale, the producer must pay the fee to the commissioner unless the purchaser voluntarily pays the fee.

Producers who ship milk out of state or processors must submit monthly reports as to milk purchases along with the appropriate procurement fee to the commissioner. The commissioner may have access to all relevant purchase or sale records as necessary to verify compliance with this section and may require the producer or purchaser to produce records as necessary to determine compliance.

The fees collected under this section must be deposited in the dairy services account in the agricultural fund. Money in the account, including interest earned, is appropriated to the commissioner to administer this chapter.

Sec. 56.

new text beginSubdivision 1.new text end

new text beginDuties; grants.new text end

new text beginThe agriculture research, education, extension, and technology transfer grant program is created. The purpose of the grant program is to provide investments that will most efficiently achieve long-term agricultural productivity increases through improved infrastructure, vision, and accountability. The scope and intent of the grants, to the extent possible, shall provide for a long-term base funding that allows the research grantee to continue the functions of the research, education, and extension efforts to a practical conclusion. Priority for grants shall be given to human infrastructure. The commissioner shall provide grants for:new text end

new text begin(1) agricultural research and technology transfer needs and recipients including agricultural research and extension at the University of Minnesota, research and outreach centers, the College of Food, Agricultural and Natural Resource Sciences, the Minnesota Agricultural Experiment Station, University of Minnesota Extension Service, the University of Minnesota Veterinary School, the Veterinary Diagnostic Laboratory, the Stakman-Borlaug Center, and the Minnesota Agriculture Fertilizer Research and Education Council;new text end

new text begin(2) agriculture rapid response for plant and animal diseases and pests; andnew text end

new text begin(3) agricultural education including but not limited to the Minnesota Agriculture Education Leadership Council, farm business management, mentoring programs, graduate debt forgiveness, and high school programs.new text end

new text beginSubd. 2.new text end

new text beginAdvisory panel.new text end

new text beginIn awarding grants under this section, the commissioner must consult with an advisory panel consisting of the following stakeholders:new text end

new text begin(1) a representative of the College of Food, Agricultural and Natural Resource Sciences at the University of Minnesota;new text end

new text begin(2) a representative of the Minnesota State Colleges and Universities system;new text end

new text begin(3) a representative of the Minnesota Farm Bureau;new text end

new text begin(4) a representative of the Minnesota Farmers Union;new text end

new text beginSubd. 3.new text end

new text beginAccount.new text end

new text beginAn agriculture research, education, extension, and technology transfer account is created in the agricultural fund in the state treasury. The account consists of money received in the form of gifts, grants, reimbursement, or appropriations from any source for any of the purposes provided in subdivision 1, and any interest or earnings of the account. Money in the account is appropriated to the commissioner of agriculture for the purposes under subdivision 1.new text end

Sec. 57.

new text begin[41A.15] DEFINITIONS.new text end

new text beginSubdivision 1.new text end

new text beginScope.new text end

new text beginFor the purposes of sections 41A.15 to 41A.18, the terms defined in this section have the meanings given them.new text end

new text beginSubd. 2.new text end

new text beginAdvanced biofuel.new text end

new text begin"Advanced biofuel" has the meaning given in section 239.051, subdivision 1a.new text end

new text beginSubd. 3.new text end

new text beginBiomass thermal production.new text end

new text begin"Biomass thermal production" means the generation of energy for commercial heat or industrial process heat from a cellulosic material or other material composed of forestry or agricultural feedstocks for a new or expanding capacity facility or a facility that is displacing existing use of fossil fuel after the effective date of this section.new text end

new text beginSubd. 4.new text end

new text beginCellulosic biomass.new text end

new text begin"Cellulosic biomass" means material primarily made up of cellulose, hemicellulose, or lingnin, or a combination of those ingredients.new text end

new text beginSubd. 5.new text end

new text beginCellulosic sugar.new text end

new text beginSubd. 6.new text end

new text beginCommissioner.new text end

new text begin"Commissioner" means the commissioner of agriculture.new text end

new text beginSubd. 7.new text end

new text beginCover crops.new text end

new text begin"Cover crops" means grasses, legumes, forbs, or other herbaceous plants that are known to be noninvasive and not listed as a noxious weed in Minnesota and that are either interseeded into living cash crops or planted on agricultural fields during fallow periods for seasonal cover and conservation purposes.new text end

new text beginSubd. 8.new text end

new text beginMMbtu.new text end

new text begin"MMbtu" means 1,000,000 British thermal units.new text end

new text beginSubd. 9.new text end

new text beginPerennial crops.new text end

new text begin"Perennial crops" means agriculturally produced plants that are known to be noninvasive and not listed as a noxious weed in Minnesota and that have a life cycle of at least three years at the location where the plants are being cultivated. Biomass from alfalfa produced in a two-year rotation shall be considered a perennial crop.new text end

new text beginSubd. 10.new text end

new text beginRenewable chemical.new text end

new text begin"Renewable chemical" means a chemical with biobased content as defined in section 41A.105, subdivision 1a.new text end

Sec. 58.

new text begin[41A.16] ADVANCED BIOFUEL PRODUCTION INCENTIVE.new text end

new text beginSubdivision 1.new text end

new text beginEligibility.new text end

new text begin(a) A facility eligible for payment under this section must source at least 80 percent raw materials from Minnesota. If a facility is sited 50 miles or less from the state border, raw materials may be sourced from within a 100-mile radius. Raw materials must be from agricultural or forestry sources or from solid waste. The facility must be located in Minnesota, must begin production at a specific location by June 30, 2025, and must not begin operating above 95,000 MMbtu of annual biofuel production before July 1, 2015. Eligible facilities include existing companies and facilities that are adding advanced biofuel production capacity, or retrofitting existing capacity, as well as new companies and facilities. Production of conventional corn ethanol and conventional biodiesel is not eligible. Eligible advanced biofuel facilities must produce at least 95,000 MMbtu a year.new text end

new text begin(b) No payments shall be made for advanced biofuel production that occurs after June 30, 2035, for those eligible biofuel producers under paragraph (a).new text end

new text begin(c) An eligible producer of advanced biofuel shall not transfer the producer's eligibility for payments under this section to an advanced biofuel facility at a different location.new text end

new text begin(d) A producer that ceases production for any reason is ineligible to receive payments under this section until the producer resumes production.new text end

new text begin(e) Renewable chemical production for which payment has been received under section 41A.17, and biomass thermal production for which payment has been received under section 41A.18, are not eligible for payment under this section.new text end

new text beginSubd. 2.new text end

new text beginPayment amounts; limits.new text end

new text begin(a) The commissioner shall make payments to eligible producers of advanced biofuel. The amount of the payment for each eligible producer's annual production is $2.1053 per MMbtu for advanced biofuel production from cellulosic biomass, and $1.053 per MMbtu for advanced biofuel production from sugar or starch at a specific location for ten years after the start of production. new text end

new text begin(b) Total payments under this section to an eligible biofuel producer in a fiscal year may not exceed the amount necessary for 2,850,000 MMbtu of biofuel production. Total payments under this section to all eligible biofuel producers in a fiscal year may not exceed the amount necessary for 17,100,000 MMbtu of biofuel production. The commissioner shall award payments on a first-come, first-served basis within the limits of available funding.new text end

new text begin(c) For purposes of this section, an entity that holds a controlling interest in more than one advanced biofuel facility is considered a single eligible producer.new text end

new text beginSubd. 3.new text end

new text beginPerennial and cover crops required.new text end

new text beginTo be eligible for payment under this section, a producer that produces advanced biofuel from agricultural cellulosic biomass other than corn kernel fiber or biogas must derive at least the following portions of the producer's total eligible MMbtus from perennial crop or cover crop biomass:new text end

new text begin(1) ten percent during the first two years of eligible production;new text end

new text begin(2) 30 percent during the third and fourth years of eligible production; andnew text end

new text begin(3) 50 percent during the fifth through tenth years of eligible production.new text end

new text beginSubd. 4.new text end

new text beginCellulosic forestry biomass requirements.new text end

new text beginAll forestry-derived cellulosic biomass must be produced using Minnesota state biomass harvesting guidelines or the equivalent. All biomass from brushlands must be produced using Minnesota brushland harvesting biomass harvest guidelines or the equivalent. Forestry-derived cellulosic biomass that comes from land parcels greater than 160 acres must be certified by the Forest Stewardship Council, Sustainable Forestry Initiative, or American Tree Farm System. Uncertified land from parcels of 160 acres or less and federal land must be harvested by a logger who has completed training for biomass harvesting from the Minnesota logger education program or the equivalent and have a forest stewardship plan.new text end

new text beginSubd. 5.new text end

new text begin(a) An eligible producer who utilizes agricultural cellulosic biomass must submit a responsible biomass sourcing plan for approval by the commissioner prior to applying for payments under this section. The commissioner shall make the plan publicly available. The plan must:new text end

new text begin(1) provide a detailed explanation of how agricultural cellulosic biomass will be produced and managed in a way that preserves soil quality, does not increase soil and nutrient runoff, avoids introduction of harmful invasive species, limits negative impacts on wildlife habitat, and reduces greenhouse gas emissions;new text end

new text begin(2) include the producer's approach to verifying that biomass suppliers are following the plan;new text end

new text begin(3) discuss how new technologies and practices that are not yet commercially viable may be encouraged and adopted during the life of the facility, and how the producer will encourage continuous improvement during the life of the project; new text end

new text begin(4) include specific numeric goals and timelines for making progress;new text end

new text begin(5) require agronomic practices that result in a positive Natural Resources Conservation Service Soil Conditioning Index score for acres from which biomass from corn stover will be harvested; andnew text end

new text begin(6) include biennial soil sampling to verify maintained or increased levels of soil organic matter.new text end

new text begin(b) An eligible producer who utilizes agricultural cellulosic biomass and receives payments under this section shall submit an annual report on the producer's responsible biomass sourcing plan to the commissioner by January 15 each year. The report must include data on progress made by the producer in meeting specific goals laid out in the plan. The commissioner shall make the report publicly available. The commissioner shall perform an annual review of submitted reports and may make a determination that the producer is not following the plan based on the reports submitted. The commissioner may take appropriate steps, including reducing or ceasing payments, until the producer is in compliance with the plan.new text end

new text beginSubd. 6.new text end

new text beginClaims.new text end

new text begin(a) By the last day of October, January, April, and July, each eligible biofuel producer shall file a claim for payment for advanced biofuel production during the preceding three calendar months. An eligible biofuel producer that files a claim under this subdivision shall include a statement of the eligible biofuel producer's total advanced biofuel production in Minnesota during the quarter covered by the claim. For each claim and statement of total advanced biofuel production filed under this subdivision, the volume of advanced biofuel production must be examined by a CPA firm with a valid permit to practice under chapter 326A, in accordance with Statements on Standards for Attestation Engagements established by the American Institute of Certified Public Accountants.new text end

new text begin(b) The commissioner must issue payments by November 15, February 15, May 15, and August 15. A separate payment must be made for each claim filed.new text end

Sec. 59.

new text begin[41A.17] RENEWABLE CHEMICAL PRODUCTION INCENTIVE.new text end

new text beginSubdivision 1.new text end

new text beginEligibility.new text end

new text begin(a) A facility eligible for payment under this program must source at least 80 percent biobased content, as defined in section 41A.105, subdivision 1a, clause (1), from Minnesota. If a facility is sited 50 miles or less from the state border, biobased content must be sourced from within a 100-mile radius. Biobased content must be from agricultural or forestry sources or from solid waste. The facility must be located in Minnesota, must begin production at a specific location by June 30, 2025, and must not begin production of 3,000,000 pounds of chemicals annually before January 1, 2015. Eligible facilities include existing companies and facilities that are adding production capacity, or retrofitting existing capacity, as well as new companies and facilities. Eligible renewable chemical facilities must produce at least 3,000,000 pounds per year. Renewable chemicals produced through processes that are fully commercial before January 1, 2000, are not eligible.new text end

new text begin(b) No payments shall be made for renewable chemical production that occurs after June 30, 2035, for those eligible renewable chemical producers under paragraph (a).new text end

new text begin(c) An eligible producer of renewable chemicals shall not transfer the producer's eligibility for payments under this section to a renewable chemical facility at a different location.new text end

new text begin(d) A producer that ceases production for any reason is ineligible to receive payments under this section until the producer resumes production.new text end

new text begin(e) Advanced biofuel production for which payment has been received under section 41A.16, and biomass thermal production for which payment has been received under section 41A.18, are not eligible for payment under this section.new text end

new text beginSubd. 2.new text end

new text beginPayment amounts; bonus; limits.new text end

new text begin(a) The commissioner shall make payments to eligible producers of renewable chemicals located in the state. The amount of the payment for each producer's annual production is $0.03 per pound of sugar-derived renewable chemical, $0.03 per pound of cellulosic sugar, and $0.06 per pound of cellulosic-derived renewable chemical produced at a specific location for ten years after the start of production. new text end

new text begin(b) An eligible facility producing renewable chemicals using agricultural cellulosic biomass is eligible for a 20 percent bonus payment for each MMbtu produced from agricultural biomass that is derived from perennial crop or cover crop biomass.new text end

new text begin(c) Total payments under this section to an eligible renewable chemical producer in a fiscal year may not exceed the amount necessary for 99,999,999 pounds of renewable chemical production. Total payments under this section to all eligible renewable chemical producers in a fiscal year may not exceed the amount necessary for 599,999,999 pounds of renewable chemical production. The commissioner shall award payments on a first-come, first-served basis within the limits of available funding.new text end

new text begin(d) For purposes of this section, an entity that holds a controlling interest in more than one renewable chemical production facility is considered a single eligible producer.new text end

new text beginSubd. 3.new text end

new text beginCellulosic biomass requirements.new text end

new text beginAll forestry-derived cellulosic biomass must be produced using Minnesota state biomass harvesting guidelines or the equivalent. All cellulosic biomass from brushlands must be produced using Minnesota brushland harvesting biomass harvest guidelines or the equivalent. Forestry-derived cellulosic biomass that comes from land parcels greater than 160 acres must be certified by the Forest Stewardship Council, Sustainable Forestry Initiative, or American Tree Farm System. Uncertified land from parcels of 160 acres or less and federal land must be harvested by a logger who has completed training for biomass harvesting from the Minnesota logger education program or the equivalent and have a forest stewardship plan.new text end

new text beginSubd. 4.new text end

new text begin(a) An eligible producer who utilizes agricultural cellulosic biomass must submit a responsible biomass sourcing plan to the commissioner prior to applying for payments under this section. The plan must:new text end

new text begin(1) provide a detailed explanation of how agricultural cellulosic biomass will be produced and managed in a way that preserves soil quality, does not increase soil and nutrient runoff, avoids introduction of harmful invasive species, limits negative impacts on wildlife habitat, and reduces greenhouse gas emissions;new text end

new text begin(2) include the producer's approach to verifying that biomass suppliers are following the plan;new text end

new text begin(3) discuss how new technologies and practices that are not yet commercially viable may be encouraged and adopted during the life of the facility, and how the producer will encourage continuous improvement during the life of the project; andnew text end

new text begin(4) include specific numeric goals and timelines for making progress.new text end

new text begin(b) An eligible producer who utilizes agricultural cellulosic biomass and receives payments under this section shall submit an annual report on the producer's responsible biomass sourcing plan to the commissioner by January 15 each year. The report must include data on progress made by the producer in meeting specific goals laid out in the plan. The commissioner shall make the report publicly available. The commissioner shall perform an annual review of submitted reports and may make a determination that the producer is not following the plan based on the reports submitted. The commissioner may take appropriate steps, including reducing or ceasing payments, until the producer is in compliance with the plan.new text end

new text beginSubd. 5.new text end

new text beginClaims.new text end

new text begin(a) By the last day of October, January, April, and July, each eligible renewable chemical producer shall file a claim for payment for renewable chemical production during the preceding three calendar months. An eligible renewable chemical producer that files a claim under this subdivision shall include a statement of the eligible producer's total renewable chemical production in Minnesota during the quarter covered by the claim. For each claim and statement of total renewable chemical production filed under this paragraph, the volume of renewable chemical production must be examined by a CPA firm with a valid permit to practice under chapter 326A, in accordance with Statements on Standards for Attestation Engagements established by the American Institute of Certified Public Accountants.new text end

new text begin(b) The commissioner must issue payments by November 15, February 15, May 15, and August 15. A separate payment must be made for each claim filed. new text end

Sec. 60.

new text begin[41A.18] BIOMASS THERMAL PRODUCTION INCENTIVE.new text end

new text beginSubdivision 1.new text end

new text beginEligibility.new text end

new text begin(a) A facility eligible for payment under this section must source at least 80 percent raw materials from Minnesota. If a facility is sited 50 miles or less from the state border, raw materials should be sourced from within a 100-mile radius. Raw materials must be from agricultural or forestry sources. The facility must be located in Minnesota, must have begun production at a specific location by June 30, 2025, and must not begin before July 1, 2015. Eligible facilities include existing companies and facilities that are adding production capacity, or retrofitting existing capacity, as well as new companies and facilities. Eligible biomass thermal production facilities must produce at least 1,000 MMbtu per year.new text end

new text begin(b) No payments shall be made for biomass thermal production that occurs after June 30, 2035, for those eligible biomass thermal producers under paragraph (a).new text end

new text begin(c) An eligible producer of biomass thermal production shall not transfer the producer's eligibility for payments under this section to a biomass thermal production facility at a different location.new text end

new text begin(d) A producer that ceases production for any reason is ineligible to receive payments under this section until the producer resumes production.new text end

new text begin(e) Biofuel production for which payment has been received under section 41A.16, and renewable chemical production for which payment has been received under section 41A.17, are not eligible for payment under this section.new text end

new text beginSubd. 2.new text end

new text beginPayment amounts; bonus; limits; blending.new text end

new text begin(a) The commissioner shall make payments to eligible producers of biomass thermal located in the state. The amount of the payment for each producer's annual production is $5.00 per MMbtu of biomass thermal production produced at a specific location for ten years after the start of production.new text end

new text begin(b) An eligible facility producing biomass thermal using agricultural cellulosic biomass is eligible for a 20 percent bonus payment for each MMbtu produced from agricultural biomass that is derived from perennial crop or cover crop biomass.new text end

new text begin(c) Total payments under this section to an eligible thermal producer in a fiscal year may not exceed the amount necessary for 30,000 MMbtu of thermal production. Total payments under this section to all eligible thermal producers in a fiscal year may not exceed the amount necessary for 150,000 MMbtu of total thermal production. The commissioner shall award payments on a first-come, first-served basis within the limits of available funding.new text end

new text begin(d) An eligible facility may blend a cellulosic feedstock with other fuels in the biomass thermal production facility, but only the percentage attributable to cellulosic material is eligible to receive payment.new text end

new text begin(e) For purposes of this section, an entity that holds a controlling interest in more than one biomass thermal production facility is considered a single eligible producer. new text end

new text beginSubd. 3.new text end

new text beginCellulosic biomass requirements.new text end

new text beginAll forestry-derived cellulosic biomass must be produced using Minnesota state biomass harvesting guidelines or the equivalent. All biomass from brushland must be produced using Minnesota brushland harvesting biomass guidelines or the equivalent. Forestry-derived cellulosic biomass that comes from land parcels greater than 160 acres must be certified by the Forest Stewardship Council, the Sustainable Forestry Initiative, or American Tree Farm. Uncertified land from parcels of 160 acres or less and federal land must be harvested by a logger who has completed training for biomass harvesting from the Minnesota logger education program or the equivalent and have a forest stewardship plan. new text end

new text beginSubd. 4.new text end

new text begin(a) An eligible producer who utilizes agricultural cellulosic biomass must submit a responsible biomass sourcing plan to the commissioner prior to applying for payments under this section. The plan must:new text end

new text begin(1) provide a detailed explanation of how agricultural cellulosic biomass will be produced and managed in a way that preserves soil quality, does not increase soil and nutrient runoff, avoids introduction of harmful invasive species, limits negative impacts on wildlife habitat, and reduces greenhouse gas emissions;new text end

new text begin(2) include the producer's approach to verifying that biomass suppliers are following the plan;new text end

new text begin(3) discuss how new technologies and practices that are not yet commercially viable may be encouraged and adopted during the life of the facility, and how the producer will encourage continuous improvement during the life of the project; andnew text end

new text begin(4) include specific numeric goals and timelines for making progress.new text end

new text begin(b) An eligible producer who utilizes agricultural cellulosic biomass and receives payments under this section shall submit an annual report on the producer's responsible biomass sourcing plan to the commissioner by January 15 each year. The report must include data on progress made by the producer in meeting specific goals laid out in the plan. The commissioner shall make the report publicly available. The commissioner shall perform an annual review of submitted reports and may make a determination that the producer is not following the plan based on the reports submitted. The commissioner may take appropriate steps, including reducing or ceasing payments, until the producer is in compliance with the plan.new text end

new text beginSubd. 5.new text end

new text beginClaims.new text end

new text begin(a) By the last day of October, January, April, and July, each producer shall file a claim for payment for biomass thermal production during the preceding three calendar months. A producer that files a claim under this subdivision shall include a statement of the producer's total biomass thermal production in Minnesota during the quarter covered by the claim. For each claim and statement of total biomass thermal production filed under this paragraph, the volume of biomass thermal production must be examined by a CPA firm with a valid permit to practice under chapter 326A, in accordance with Statements on Standards for Attestation Engagements established by the American Institute of Certified Public Accountants.new text end

new text begin(b) The commissioner must issue payments by November 15, February 15, May 15, and August 15. A separate payment shall be made for each claim filed.new text end

Sec. 61.

new text begin[41A.19] REPORT; INCENTIVE PROGRAMS.new text end

new text beginBy January 15 each year, the commissioner shall report on the incentive programs under sections 41A.16, 41A.17, and 41A.18 to the legislative committees with jurisdiction over environment and agriculture policy and finance. The report shall include information on production and incentive expenditures under the programs.new text end

Sec. 62.

Subd. 6.

Application fee.

The authority may impose a reasonable nonrefundable application fee for each application submitted for a beginning farmer loan or a seller-sponsored loan. The application fee is initially $50. The authority may review the fee annually and make adjustments as necessary. The fee must be deposited in the state treasury and credited to deleted text beginan account in the special revenue fund. Money in the account is appropriated to the commissioner for administrative expenses of the beginning farmer and seller-sponsored loan programsdeleted text endnew text begin the Rural Finance Authority administrative account established in subdivision 7new text end.

Sec. 63.

Minnesota Statutes 2014, section 41B.03, is amended by adding a subdivision to read:

new text beginSubd. 7.new text end

new text beginThere is established in the agricultural fund a Rural Finance Authority administrative account. Money in the account, including interest, is appropriated to the commissioner of agriculture for the administrative expenses of the loan programs administered by the Rural Finance Authority.new text end

Sec. 64.

Subd. 17.

Application and origination fee.

The authority may impose a reasonable nonrefundable application fee for each application and an origination fee for each loan issued under the loan restructuring program. The origination fee is 1.5 percent of the authority's participation interest in the loan and the application fee is $50. The authority may review the fees annually and make adjustments as necessary. The fees must be deposited in the state treasury and credited to deleted text beginan account in the special revenue fund. Money in the account is appropriated to the commissioner for administrative expenses of the loan restructuring programdeleted text endnew text begin the Rural Finance Authority administrative account established in section 41B.03new text end.

Sec. 65.

Subd. 3.

Application and origination fee.

The authority may impose a reasonable nonrefundable application fee for each application submitted for a participation issued under the agricultural improvement loan program. The application fee is initially $50. The authority may review the fees annually and make adjustments as necessary. The fees must be deposited in the state treasury and credited to deleted text beginan account in the special revenue fund. Money in this account is appropriated to the commissioner for administrative expenses of the agricultural improvement loan programdeleted text endnew text begin the Rural Finance Authority administrative account established in section 41B.03new text end.

Sec. 66.

Subd. 3.

Specifications.

deleted text beginNo loan may be made to refinance an existing debt.deleted text end Each loan participation must be secured by a mortgage on real property and such other security as the authority may require.

Sec. 67.

Subd. 4.

Application and origination fee.

The authority may impose a reasonable nonrefundable application fee for each application for a loan participation and an origination fee for each loan issued under the livestock expansion loan program. The origination fee initially shall be set at 1.5 percent and the application fee at $50. The authority may review the fees annually and make adjustments as necessary. The fees must be deposited in the state treasury and credited to deleted text beginan account in the special revenue fund. Money in this account is appropriated to the commissioner for administrative expenses of the livestock expansion loan programdeleted text endnew text begin the Rural Finance Authority administrative account established in section 41B.03new text end.

Sec. 68.

Subd. 5.

Loans.

(a) The authority may participate in a stock loan with an eligible lender to a farmer who is eligible under subdivision 4. Participation is limited to 45 percent of the principal amount of the loan or $40,000, whichever is less. The interest rates and repayment terms of the authority's participation interest may differ from the interest rates and repayment terms of the lender's retained portion of the loan, but the authority's interest rate must not exceed 50 percent of the lender's interest rate.

(b) No more than 95 percent of the purchase price of the stock may be financed under this program.

(c) Security for stock loans must be the stock purchased, a personal note executed by the borrower, and whatever other security is required by the eligible lender or the authority.

(d) The authority may impose a reasonable nonrefundable application fee for each application for a stock loan. The authority may review the fee annually and make adjustments as necessary. The application fee is initially $50. Application fees received by the authority must be deposited in the deleted text beginrevolving loan account established in section 41B.06deleted text endnew text begin Rural Finance Authority administrative account established in section 41B.03new text end.

(e) Stock loans under this program will be made using money in the revolving loan account established in section 41B.06.

(f) The authority may not grant stock loans in a cumulative amount exceeding $2,000,000 for the financing of stock purchases in any one cooperative.

(g) Repayments of financial assistance under this section, including principal and interest, must be deposited into the revolving loan account established in section 41B.06.

Sec. 69.

Subdivision 1.

Establishment.

The authority shall establish and implement a disaster recovery loan program to help farmers:

(1) clean up, repair, or replace farm structures and septic and water systems, as well as replace seed, other crop inputs, feed, and livestock, when damaged by high winds, hail, tornado, or flood; deleted text beginordeleted text end

(2) purchase watering systems, irrigation systems, and other drought mitigation systems and practices when drought is the cause of the purchasedeleted text begin.deleted text endnew text begin;new text end

new text begin(3) restore farmland; ornew text end

new text begin(4) replace flocks, make building improvements, and cover the loss of revenue when the replacement, improvements, or loss of revenue is due to the confirmed presence of the highly pathogenic avian influenza in a commercial poultry or game flock located in Minnesota.new text end

Subd. 3.

Eligibility.

(2) certify that the damage or loss was new text begin(i) new text endsustained within a county that was the subject of a state or federal disaster declarationnew text begin or (ii) due to the confirmed presence of the highly pathogenic avian influenza in a commercial poultry or game flock located in Minnesotanew text end;

(3) demonstrate an ability to repay the loan;new text begin andnew text end

deleted text begin(4) have a total net worth, including assets and liabilities of the borrower's spouse and dependents, of less than $660,000 in 2004 and an amount in subsequent years which is adjusted for inflation by multiplying that amount by the cumulative inflation rate as determined by the Consumer Price Index; anddeleted text end

deleted text begin(5)deleted text endnew text begin (4)new text end have received at least 50 percent of average annual gross income from farming for the past three years.

Sec. 71.

Subd. 4.

Loans.

(a) The authority may participate in a disaster recovery loan with an eligible lender to a farmer who is eligible under subdivision 3. Participation is limited to 45 percent of the principal amount of the loan or deleted text begin$50,000deleted text endnew text begin $200,000new text end, whichever is less. The interest rates and repayment terms of the authority's participation interest may differ from the interest rates and repayment terms of the lender's retained portion of the loan, but the authority's interest rate must not exceed four percent.

(b) Standards for loan amortization shall be set by the Rural Finance Authority not to exceed ten years.

(c) Security for the disaster recovery loans must be a personal note executed by the borrower and whatever other security is required by the eligible lender or the authority.

(d) The authority may impose a reasonable nonrefundable application fee for a disaster recovery loan. The authority may review the fee annually and make adjustments as necessary. The application fee is initially $50. Application fees received by the authority must be deposited in the deleted text beginrevolving loan account established under section 41B.06deleted text endnew text begin Rural Finance Authority administrative account established in section 41B.03new text end.

(e) Disaster recovery loans under this program will be made using money in the revolving loan account established under section 41B.06.

(f) Repayments of financial assistance under this section, including principal and interest, must be deposited into the revolving loan account established under section 41B.06.

Sec. 72.

Subd. 6.

Loans.

(a) The authority may disburse loans through a fiscal agent to farmers and agricultural landowners who are eligible under subdivision 5. The total accumulative loan principal must not exceed $75,000 per loan.

(b) The fiscal agent may impose a loan origination fee in the amount of one percent of the total approved loan. This fee is to be paid by the borrower to the fiscal agent at the time of loan closing.

(c) The loan may be disbursed over a period not to exceed 12 years.

(d) A borrower may receive loans, depending on the availability of funds, for planted areas up to 160 acres for up to:

(1) the total amount necessary for establishment of the crop;

(2) the total amount of maintenance costs, including weed control, during the first three years; and

(3) 70 percent of the estimated value of one year's growth of the crop for years four through 12.

(e) Security for the loan must be the crop, a personal note executed by the borrower, an interest in the land upon which the crop is growing, and whatever other security is required by the fiscal agent or the authority. All recording fees must be paid by the borrower.

(f) The authority may prescribe forms and establish an application process for applicants to apply for a loan.

(g) The authority may impose a reasonable, nonrefundable application fee for each application for a loan under this program. The application fee is initially $50. Application fees received by the authority must be deposited in the deleted text beginrevolving loan account established under section 41B.06deleted text endnew text begin Rural Finance Authority administrative account established in section 41B.03new text end.

(h) Loans under the program must be made using money in the revolving loan account established under section 41B.06.

(i) All repayments of financial assistance granted under this section, including principal and interest, must be deposited into the revolving loan account established under section 41B.06.

(j) The interest payable on loans made by the authority for the agroforestry loan program must, if funded by revenue bond proceeds, be at a rate not less than the rate on the revenue bonds, and may be established at a higher rate necessary to pay costs associated with the issuance of the revenue bonds and a proportionate share of the cost of administering the program. The interest payable on loans for the agroforestry loan program funded from sources other than revenue bond proceeds must be at a rate determined by the authority.

(k) Loan principal balance outstanding plus all assessed interest must be repaid within 120 days of harvest, but no later than 15 years from planting.

Sec. 73.

Subd. 4.

Loans.

(a) The authority may make a direct loan or participate in a loan with an eligible lender to a farmer who is eligible under subdivision 3. Repayment terms of the authority's participation interest may differ from repayment terms of the lender's retained portion of the loan. Loans made under this section must be no-interest loans.

(b) Application for a direct loan or a loan participation must be made on forms prescribed by the authority.

(c) Standards for loan amortization shall be set by the Rural Finance Authority not to exceed ten years.

(d) Security for the loans must be a personal note executed by the borrower and whatever other security is required by the eligible lender or the authority.

(e) No loan proceeds may be used to refinance a debt existing prior to application.

(f) The authority may impose a reasonable nonrefundable application fee for each application for a direct loan or a loan participation. The authority may review the application fees annually and make adjustments as necessary. The application fee is initially set at $100 for a loan under subdivision 1. The fees received by the authority must be deposited in the deleted text beginrevolving loan account established in section 41B.06deleted text endnew text begin Rural Finance Authority administrative account established in section 41B.03new text end.

Sec. 74.

Subd. 3.

Loans.

(a) The authority may participate in a livestock equipment loan equal to 90 percent of the purchased equipment value with an eligible lender to a farmer who is eligible under subdivision 2. Participation is limited to 45 percent of the principal amount of the loan or $40,000, whichever is less. The interest rates and repayment terms of the authority's participation interest may differ from the interest rates and repayment terms of the lender's retained portion of the loan, but the authority's interest rate must not exceed three percent. The authority may review the interest annually and make adjustments as necessary.

(b) Standards for loan amortization must be set by the Rural Finance Authority and must not exceed ten years.

(c) Security for a livestock equipment loan must be a personal note executed by the borrower and whatever other security is required by the eligible lender or the authority.

(d) Refinancing of existing debt is not an eligible purpose.

(e) The authority may impose a reasonable, nonrefundable application fee for a livestock equipment loan. The authority may review the fee annually and make adjustments as necessary. The initial application fee is $50. Application fees received by the authority must be deposited in the deleted text beginrevolving loan account established in section 41B.06deleted text endnew text begin Rural Finance Authority administrative account established in section 41B.03new text end.

(f) Loans under this program must be made using money in the revolving loan account established in section 41B.06.

Sec. 75.

Subd. 2.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Intermediary" means any lending institution or other organization of a for-profit or nonprofit nature that is in good standing with the state of Minnesota that has the appropriate business structure and trained personnel suitable to providing efficient disbursement of loan funds and the servicing and collection of loans.

(c) "Specialty crops" means agricultural crops, such as annuals, flowers, perennials, and other horticultural products, that are intensively cultivated.

new text beginSubd. 2.new text end

new text beginLoan criteria.new text end

new text begin(a) The farm opportunity loan program shall provide loans for purchase of new or used equipment and installation of equipment for projects that make environmental improvements and enhance farm profitability. The loan program shall also be used to add value to crops or livestock produced in Minnesota by, but not limited to, initiating or expanding livestock product processing; purchasing equipment to initiate, upgrade, or modernize value-added agricultural businesses; or increasing farmers' processing and aggregating capacity facilitating entry into farm-to-institution and other markets. Eligible loan uses do not include expenses related to seeds, fertilizer, fuel, or other operating expenses.new text end

new text begin(b) The authority may impose a reasonable, nonrefundable application fee for a farm opportunity loan. The authority may review the fee annually and make adjustments as necessary. The initial application fee is $50. Application fees received by the authority must be deposited in the Rural Finance Authority administrative account established in section 41B.03.new text end

new text begin(c) Loans may only be made to Minnesota residents engaged in farming. Standards for loan amortization must be set by the Rural Finance Authority and must not exceed ten years.new text end

new text begin(d) The borrower must show the ability to repay the loan.new text end

new text begin(e) Refinancing of existing debt is not an eligible expense.new text end

new text begin(f) Loans under this program must be made using money in the revolving loan account established in section 41B.06.new text end

new text beginSubd. 3.new text end

new text beginLoan participation.new text end

new text beginThe authority may participate in a farm opportunity loan with an eligible lender, as defined in section 41B.02, subdivision 8, to a farmer or a group of farmers on joint projects who are eligible under subdivision 2, paragraph (c), and who are actively engaged in farming. Participation is limited to 45 percent of the principal amount of the loan or $45,000 per individual, whichever is less. For loans to a group made up of four or more individuals, participation is limited to 45 percent of the principal amount of the loan or $180,000, whichever is less. The interest rate on the loans must not exceed six percent.new text end

Sec. 77.

Minnesota Statutes 2014, section 41B.06, is amended to read:

41B.06 RURAL FINANCE AUTHORITY REVOLVING LOAN ACCOUNT.

There is established in the rural finance administration fund a Rural Finance Authority revolving loan account that is eligible to receive appropriations and the transfer of loan funds from other programs. All repayments of financial assistance granted from this account, including principal and interest, must be deposited into this account. Interest earned on money in the account accrues to the account, and the money in the account is appropriated to the commissioner of agriculture for purposes of the Rural Finance Authority livestock equipment, methane digester, disaster recovery, value-added agricultural product, agroforestry, deleted text beginanddeleted text end agricultural microloannew text begin, and farm opportunitynew text end loan programs, including costs incurred by the authority to establish and administer the programs.

Sec. 78.

Minnesota Statutes 2014, section 135A.52, is amended by adding a subdivision to read:

new text beginSubd. 6.new text end

new text beginFarm business management.new text end

new text beginMinnesota State Colleges and Universities campuses that offer farm business management may specify space availability in the delivery of farm business management courses.new text end

Sec. 79.

Subd. 2.

Wild hemp.

A county board, by resolution, may appropriate and spend money as necessary to spray and otherwise eradicate wild hempdeleted text begin, commonly known as marijuana,deleted text end on private property within the county. The county board may authorize the use of county equipment, personnel and supplies and materials to spray or otherwise eradicate wild hemp on private property, and may pro rate the expenses involved between the county and owner or occupant of the property.new text begin Industrial hemp grown by a person licensed under chapter 18K is not wild hemp.new text end

Sec. 80.

Subd. 4.

Reports.

(a) The chief executive officer of every pension or investment fund, corporation, limited partnership, limited liability company, or entity that is seeking to qualify for an exemption from the commissioner, and the trustee of a family farm trust that holds any interest in agricultural land or land used for the breeding, feeding, pasturing, growing, or raising of livestock, dairy or poultry, or products thereof, or land used for the production of agricultural crops or fruit or other horticultural products, other than a bona fide encumbrance taken for purposes of security, or which is engaged in farming or proposing to commence farming in this state after May 20, 1973, shall file with the commissioner a report containing the following information and documents:

(1) the name of the pension or investment fund, corporation, limited partnership, or limited liability company and its place of incorporation, certification, or registration;

(2) the address of the pension or investment plan headquarters or of the registered office of the corporation in this state, the name and address of its registered agent in this state and, in the case of a foreign corporation, limited partnership, or limited liability company, the address of its principal office in its place of incorporation, certification, or registration;

(3) the acreage and location listed by quarter-quarter section, township, and county of each lot or parcel of agricultural land or land used for the keeping or feeding of poultry in this state owned or leased by the pension or investment fund, limited partnership, corporation, or limited liability company;

(4) the names and addresses of the officers, administrators, directors, or trustees of the pension or investment fund, or of the officers, shareholders owning more than ten percent of the stock, including the percent of stock owned by each such shareholder, the members of the board of directors of the corporation, and the members of the limited liability company, and the general and limited partners and the percentage of interest in the partnership by each partner;

(5) the farm products which the pension or investment fund, limited partnership, corporation, or limited liability company produces or intends to produce on its agricultural land;

(6) with the first report, a copy of the title to the property where the farming operations are or will occur indicating the particular exception claimed under subdivision 3; and

(7) with the first or second report, a copy of the conservation plan proposed by the soil and water conservation district, and with subsequent reports a statement of whether the conservation plan was implemented.

The report of a corporation, trust, limited liability company, or partnership seeking to qualify hereunder as a family farm corporation, an authorized farm corporation, an authorized livestock farm corporation, a family farm partnership, an authorized farm partnership, a family farm limited liability company, an authorized farm limited liability company, or a family farm trust or under an exemption from the commissioner shall contain the following additional information: the number of shares, partnership interests, or governance and financial rights owned by persons or current beneficiaries of a family farm trust residing on the farm or actively engaged in farming, or their relatives within the third degree of kindred according to the rules of the civil law or their spouses; the name, address, and number of shares owned by each shareholder, partnership interests owned by each partner or governance and financial rights owned by each member, and a statement as to percentage of gross receipts of the corporation derived from rent, royalties, dividends, interest, and annuities. No pension or investment fund, limited partnership, corporation, or limited liability company shall commence farming in this state until the commissioner has inspected the report and certified that its proposed operations comply with the provisions of this section.

(b) Every pension or investment fund, limited partnership, trust, corporation, or limited liability company as described in paragraph (a) shall, prior to April 15 of each year, file with the commissioner a report containing the information required in paragraph (a), based on its operations in the preceding calendar year and its status at the end of the year. A pension or investment fund, limited partnership, corporation, or limited liability company that does not file the report by April 15 must pay a $500 civil penalty. The penalty is a lien on the land being farmed under subdivision 3 until the penalty is paid.

(c) The commissioner may, for good cause shown, issue a written waiver or reduction of the civil penalty for failure to make a timely filing of the annual report required by this subdivision. The waiver or reduction is final and conclusive with respect to the civil penalty, and may not be reopened or modified by an officer, employee, or agent of the state, except upon a showing of fraud or malfeasance or misrepresentation of a material fact. The report required under paragraph (b) must be completed prior to a reduction or waiver under this paragraph. The commissioner may enter into an agreement under this paragraph only once for each corporation or partnership.

new text begin(d) All reports required by paragraph (a) shall include a filing fee of $15. The fee must be deposited in the state treasury and credited to an account in the agricultural fund. Money in the account, including interest, is appropriated to the commissioner for the administrative expenses of this section.new text end

583.215 EXPIRATION.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective May 23, 2016, if the legislature does not meet in regular session in calendar year 2016 before May 23, 2016. If the legislature meets in regular session in calendar year 2016 before May 23, 2016, this section is void.new text end

Sec. 82.

Laws 2014, chapter 312, article 12, section 3, is amended to read:

Sec. 3. AGRICULTURE.

$

-0-

$

2,750,000

$2,000,000 in 2015 is for a grant to Second Harvest Heartland on behalf of the six Feeding America food banks that serve Minnesota to compensate agricultural producers and processors for costs incurred to harvest and package for transfer surplus fruits, vegetables, or other agricultural commodities that would otherwise go unharvested deleted text beginordeleted text endnew text begin,new text end be discardednew text begin, or be sold in a secondary marketnew text end. Surplus commodities must be distributed statewide to food shelves and other charitable organizations that are eligible to receive food from the food banks. Surplus food acquired under this appropriation must be from Minnesota producers and processors. Second Harvest Heartland must report when required by, and in the form prescribed by, the commissioner. deleted text beginFor fiscal year 2015,deleted text end Second Harvest Heartland may use up to 11 percent of any grant received for administrative expenses new text beginand up to four percent of the grant for transportation expensesnew text end. deleted text beginFor fiscal years 2016 and 2017, Second Harvest Heartland may use up to five percent of any grant received for administrative expenses.deleted text end This is a onetime appropriation and is available until June 30, 2017.

The commissioner shall examine how other states are implementing the industrial hemp research authority provided in Public Law 113-79 and gauge the interest of Minnesota higher education institutions. No later than January 15, 2015, the commissioner must report the information and items for legislative consideration to the legislative committees with jurisdiction over agriculture policy and finance.

$350,000 in 2015 is for an increase in retail food handler inspections.

$200,000 in 2015 is added to the appropriation in Laws 2013, chapter 114, article 1, section 3, subdivision 4, for distribution to the state's county fairs. This is a onetime appropriation.

$200,000 in 2015 is for a grant as determined by the commissioner to a public higher education institution to research porcine epidemic diarrhea virus. This is a onetime appropriation and is available until June 30, 2017.

Sec. 83. new text beginLIVESTOCK INDUSTRY STUDY.new text end

new text beginThe commissioner of agriculture must identify causes of the relative growth or decline in the number of head of poultry and livestock produced in Minnesota, Iowa, North Dakota, South Dakota, Wisconsin, and Nebraska over the last ten years, including but not limited to the impact of nuisance conditions and lawsuits filed against poultry or livestock farms. No later than February 1, 2016, the commissioner must report findings by poultry and livestock sector and provide recommendations on how to strengthen and expand Minnesota animal agriculture to the legislative committees with jurisdiction over agriculture policy and finance.new text end

Sec. 84.

new text beginSubdivision 1.new text end

new text beginPilot program.new text end

new text beginThe commissioner of agriculture must coordinate a pilot program operated by the Northeast Regional Corrections Center to train inmates for careers as meat cutters upon release. The commissioner must facilitate program development and ensure that the program prepares inmates to meet applicable food safety and licensure requirements.new text end

new text beginSubd. 2.new text end

new text beginProgram development.new text end

new text beginIn facilitating development of the pilot program, the commissioner must consult with the commissioner of employment and economic development and a representative of each of the following organizations:new text end

new text beginSubd. 3.new text end

new text beginReport required.new text end

new text beginNo later than February 1, 2017, the commissioner must report on the progress and outcomes of the program to the legislative committees with jurisdiction over agriculture, economic development, higher education, and public safety.new text end

new text beginSubd. 4.new text end

new text beginExpiration.new text end

new text beginThis section expires on June 30, 2017.new text end

Sec. 85. new text beginURBAN AGRICULTURE DEVELOPMENT PROPOSAL.new text end

new text beginThe commissioner of agriculture must convene interested stakeholders and develop a proposal to effectively and efficiently promote urban agriculture in Minnesota cities. For purposes of this section, "urban agriculture" means producing agricultural plants, poultry, or livestock on public or private property within city limits. No later than January 15, 2016, the commissioner must report to the legislative committees with jurisdiction over agriculture policy and finance and submit proposed legislation that includes a new definition of urban agriculture if the commissioner and stakeholders determine that a different definition more accurately defines urban agriculture.new text end

new text beginThe balances in the accounts created under Minnesota Statutes, sections 41B.03, subdivision 6; 41B.04, subdivision 17; 41B.043, subdivision 3; and 41B.045, subdivision 4, are transferred to the Rural Finance Authority administrative account established under Minnesota Statutes, section 41B.03, subdivision 7, and the original accounts are abolished.new text end

new text beginThe balance in the account created under Minnesota Statutes, section 17.115, is transferred to the Rural Finance Authority revolving loan account established under Minnesota Statutes, section 41B.06, and the original account is abolished.new text end

ARTICLE 3

ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS

new text beginThe sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article. The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose. The figures "2016" and "2017" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2016, or June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year" is fiscal year 2017. "The biennium" is fiscal years 2016 and 2017. Appropriations for the fiscal year ending June 30, 2015, are effective the day following final enactment.new text end

new text beginAPPROPRIATIONSnew text end

new text beginAvailable for the Yearnew text end

new text beginEnding June 30new text end

new text begin2016new text end

new text begin2017new text end

Sec. 2. new text beginPOLLUTION CONTROL AGENCYnew text end

new text beginSubdivision 1.new text end

new text beginTotal Appropriationnew text end

new text begin$new text end

new text begin94,582,000new text end

new text begin$new text end

new text begin91,784,000new text end

new text beginAppropriations by Fundnew text end

new text begin2016new text end

new text begin2017new text end

new text beginGeneralnew text end

new text begin6,395,000new text end

new text begin5,727,000new text end

new text beginState Government Special Revenuenew text end

new text begin75,000new text end

new text begin75,000new text end

new text beginEnvironmentalnew text end

new text begin73,480,000new text end

new text begin74,548,000new text end

new text beginRemediationnew text end

new text begin14,632,000new text end

new text begin11,434,000new text end

new text beginThe amounts that may be spent for each purpose are specified in the following subdivisions.new text end

new text beginThe commissioner must present the agency's biennial budget for fiscal years 2018 and 2019 to the legislature in a transparent way by agency division, including the proposed budget bill and presentations of the budget to committees and divisions with jurisdiction over the agency's budget.new text end

new text beginSubd. 2.new text end

new text beginWaternew text end

new text begin26,388,000new text end

new text begin26,081,000new text end

new text beginAppropriations by Fundnew text end

new text begin2016new text end

new text begin2017new text end

new text beginGeneralnew text end

new text begin4,307,000new text end

new text begin3,627,000new text end

new text beginState Government Special Revenuenew text end

new text begin75,000new text end

new text begin75,000new text end

new text beginEnvironmentalnew text end

new text begin22,006,000new text end

new text begin22,379,000new text end

new text begin$1,959,000 the first year and $1,959,000 the second year are for grants to delegated counties to administer the county feedlot program under Minnesota Statutes, section 116.0711, subdivisions 2 and 3. Money remaining after the first year is available for the second year.new text end

new text begin$753,000 the first year and $765,000 the second year are from the environmental fund to address the need for continued increased activity in the areas of new technology review, technical assistance for local governments, and enforcement under Minnesota Statutes, sections 115.55 to 115.58, and to complete the requirements of Laws 2003, chapter 128, article 1, section 165.new text end

new text begin$673,000 the first year and $683,000 the second year are from the environmental fund for subsurface sewage treatment system (SSTS) program administration and community technical assistance and education, including grants and technical assistance to communities for water quality protection. Of this amount, $129,000 each year is for assistance to counties through grants for SSTS program administration. A county receiving a grant from this appropriation shall submit the results achieved with the grant to the commissioner as part of its annual SSTS report. Any unexpended balance in the first year does not cancel but is available in the second year.new text end

new text begin$107,000 the first year and $109,000 the second year are from the environmental fund for registration of wastewater laboratories.new text end

new text begin$913,000 the first year and $913,000 the second year are from the environmental fund to continue perfluorochemical biomonitoring in eastern metropolitan communities, as recommended by the Environmental Health Tracking and Biomonitoring Advisory Panel, and address other environmental health risks, including air quality. The communities must include Hmong and other immigrant farming communities. Of this amount, up to $677,000 the first year and $677,000 the second year are for transfer to the Department of Health.new text end

new text begin$250,000 the first year and $250,000 the second year are from the general fund for:new text end

new text begin(1) a municipal liaison to assist municipalities in implementing and participating in the water quality standards rulemaking process and navigating the NPDES/SDS permitting process;new text end

new text begin(2) enhanced economic analysis in the water quality standards rulemaking process, including more specific analysis and identification of cost-effective permitting; new text end

new text begin(3) development of statewide economic analyses and templates to reduce the amount of information and time required for municipalities to apply for variances from water quality standards; andnew text end

new text begin(4) coordinating with the Public Facilities Authority to identify and advocate for the resources needed for municipalities to achieve permit requirements.new text end

new text begin$500,000 the first year is for independent peer reviews under Minnesota Statutes, section 115.035, and cost analyses of water quality standards and rules. A portion of this appropriation may be transferred to the commissioner of management and budget for water quality standards cost analyses.new text end

new text begin$200,000 the first year is for a grant to the Red River Basin Commission for development of a water quality strategic plan for the Red River of the North. This is a onetime appropriation and is available until June 30, 2018. The plan must include, but is not limited to, consistency in water quality goals and objectives for the Red River of the North and pollution reduction allocations for both point and nonpoint sources on the Red River of the North and for individual major watersheds tributary to the Red River of the North. The Red River Basin Commission must involve the interests of local, state, and federal government, business and industry, environmental groups, and Red River Basin landowners. The Red River Basin Commission must report progress on the plan to the house of representatives and senate committees and divisions with jurisdiction over environment policy and finance by February 15 in 2016 and 2017, and must submit the completed plan by December 31, 2017.new text end

new text beginNotwithstanding Minnesota Statutes, section 16A.28, the appropriations encumbered on or before June 30, 2017, as grants or contracts for subsurface sewage treatment systems, surface water and groundwater assessments, total maximum daily loads, storm water, and water quality protection in this subdivision are available until June 30, 2020.new text end

new text beginSubd. 3.new text end

new text beginAirnew text end

new text begin15,640,000new text end

new text begin16,087,000new text end

new text beginAppropriations by Fundnew text end

new text begin2016new text end

new text begin2017new text end

new text beginEnvironmentalnew text end

new text begin15,640,000new text end

new text begin16,087,000new text end

new text begin$202,000 the first year and $204,000 the second year are from the environmental fund for a monitoring program under Minnesota Statutes, section 116.454.new text end

new text beginUp to $150,000 the first year and $150,000 the second year may be transferred from the environmental fund to the small business environmental improvement loan account established in Minnesota Statutes, section 116.993.new text end

new text begin$340,000 the first year and $346,000 the second year are from the environmental fund for monitoring ambient air for hazardous pollutants.new text end

new text begin$691,000 the first year and $693,000 the second year are from the environmental fund for emission reduction activities and grants to small businesses and other nonpoint emission reduction efforts. Of this amount, $100,000 the first year and $100,000 the second year is to continue work with Clean Air Minnesota, and the commissioner may enter into an agreement with Environmental Initiative to support this effort. Any unexpended balance in the first year does not cancel but is available in the second year.new text end

new text beginSubd. 4.new text end

new text beginLandnew text end

new text begin21,663,000new text end

new text begin18,584,000new text end

new text beginAppropriations by Fundnew text end

new text begin2016new text end

new text begin2017new text end

new text beginEnvironmentalnew text end

new text begin7,031,000new text end

new text begin7,150,000new text end

new text beginRemediationnew text end

new text begin14,632,000new text end

new text begin11,434,000new text end

new text beginAll money for environmental response, compensation, and compliance in the remediation fund not otherwise appropriated is appropriated to the commissioners of the Pollution Control Agency and agriculture for purposes of Minnesota Statutes, section 115B.20, subdivision 2, clauses (1), (2), (3), (6), and (7). At the beginning of each fiscal year, the two commissioners shall jointly submit an annual spending plan to the commissioner of management and budget that maximizes the utilization of resources and appropriately allocates the money between the two departments. This appropriation is available until June 30, 2017.new text end

new text begin$4,279,000 the first year and $4,343,000 the second year are from the remediation fund for purposes of the leaking underground storage tank program to investigate, clean up, and prevent future releases from underground petroleum storage tanks, and to the petroleum remediation program for purposes of vapor assessment and remediation. These same annual amounts are transferred from the petroleum tank fund to the remediation fund.new text end

new text begin$252,000 the first year and $252,000 the second year are from the remediation fund for transfer to the commissioner of health for private water supply monitoring and health assessment costs in areas contaminated by unpermitted mixed municipal solid waste disposal facilities and drinking water advisories and public information activities for areas contaminated by hazardous releases.new text end

new text begin$743,000 the first year is transferred from the general account in the remediation fund to the dry cleaner environmental response and reimbursement account in the remediation fund for the purpose of remediating land contaminated by a release from a dry cleaning facility, as provided under Minnesota Statutes, section 115B.50. The commissioner shall prioritize expenditures from this transfer to address contaminated sites that pose the greatest risk to public health or welfare or to the environment, as established in Minnesota Statutes, section 115B.17, subdivision 13. This is a onetime transfer. The commissioner shall reimburse only a person who otherwise would not be responsible for a release or threatened release under Minnesota Statutes, section 115B.03, for all but $10,000 of the environmental response costs incurred by the person if the commissioner determines that the costs are reasonable and were actually incurred. To be eligible for reimbursement from this transfer, a person seeking reimbursement must make a request to the commissioner, as required under Minnesota Statutes, section 115B.50, subdivision 2, on or before the day following final enactment of this act.new text end

new text begin$868,000 the first year is from the remediation fund for a grant to the city of Mountain Iron for remediation of the abandoned wastewater treatment pond of the former Nichols Township. This is a onetime appropriation that is available until June 30, 2019.new text end

new text beginSubd. 5.new text end

new text beginEnvironmental Assistance and Cross-Medianew text end

new text begin30,891,000new text end

new text begin31,032,000new text end

new text beginAppropriations by Fundnew text end

new text begin2016new text end

new text begin2017new text end

new text beginEnvironmentalnew text end

new text begin28,803,000new text end

new text begin28,932,000new text end

new text beginGeneralnew text end

new text begin2,088,000new text end

new text begin2,100,000new text end

new text begin$17,250,000 the first year and $17,250,000 the second year are from the environmental fund for SCORE block grants to counties.new text end

new text begin$119,000 the first year and $119,000 the second year are from the environmental fund for environmental assistance grants or loans under Minnesota Statutes, section 115A.0716. Any unencumbered grant and loan balances in the first year do not cancel but are available for grants and loans in the second year.new text end

new text begin$90,000 the first year and $90,000 the second year are from the environmental fund for duties related to harmful chemicals in products under Minnesota Statutes, sections 116.9401 to 116.9407. Of this amount, $57,000 each year is transferred to the commissioner of health.new text end

new text begin$203,000 the first year and $207,000 the second year are from the environmental fund for the costs of implementing general operating permits for feedlots over 1,000 animal units.new text end

new text begin$315,000 the first year and $319,000 the second year are from the general fund and $192,000 the first year and $192,000 the second year are from the environmental fund for Environmental Quality Board operations and support.new text end

new text begin$50,000 the first year and $50,000 the second year are from the environmental fund for transfer to the Office of Administrative Hearings to establish sanitary districts.new text end

new text begin$502,000 the first year and $503,000 the second year are from the general fund for the Environmental Quality Board to lead an interagency team to provide technical assistance regarding the mining, processing, and transporting of silica sand. Of this amount, up to $75,000 each year may be transferred to the commissioner of natural resources to review the implementation of the rules adopted by the commissioner pursuant to Laws 2013, ?chapter 114, article 4, section 105, paragraph (b), pertaining to the reclamation of silica sand mines, to ensure that local government reclamation programs are implemented in a manner consistent with the rules.new text end

new text begin$450,000 the first year and $450,000 the second year are from the environmental fund to develop and maintain systems to support permitting and regulatory business processes and agency data. This is a onetime appropriation.new text end

new text begin$1,000,000 the first year and $1,000,000 the second year are for competitive recycling grants under Minnesota Statutes, section 115A.565. This appropriation is available until June 30, 2018.new text end

new text begin$50,000 the first year and $50,000 the second year are to acquire and co-locate waste and recycling receptacles, in cooperation with the commissioner of administration, at the State Office Building. Any remaining funds may be used for these purposes at other facilities within the Capitol complex. This is a onetime appropriation.new text end

new text beginAll money deposited in the environmental fund for the metropolitan solid waste landfill fee in accordance with Minnesota Statutes, section 473.843, and not otherwise appropriated, is appropriated for the purposes of Minnesota Statutes, section 473.844.new text end

new text beginNotwithstanding Minnesota Statutes, section 16A.28, the appropriations encumbered on or before June 30, 2017, as contracts or grants for surface water and groundwater assessments; environmental assistance awarded under Minnesota Statutes, section 115A.0716; technical and research assistance under Minnesota Statutes, section 115A.152; technical assistance under Minnesota Statutes, section 115A.52; and pollution prevention assistance under Minnesota Statutes, section 115D.04, are available until June 30, 2019.new text end

new text beginSubd. 6.new text end

new text beginTransfersnew text end

new text beginBy June 30, 2016, the commissioner of management and budget shall transfer $51,308,000 from the closed landfill investment fund to the general fund.new text end

new text beginThe commissioner of the Pollution Control Agency shall transfer $8,100,000 in fiscal year 2016 from the metropolitan landfill contingency action trust account in Minnesota Statutes, section 473.845, to the commissioner of management and budget for cancellation to the general fund.new text end

new text beginSubd. 7.new text end

new text beginRemediation Fundnew text end

new text beginThe commissioner shall transfer up to $42,000,000 from the environmental fund to the remediation fund for the purposes of the remediation fund under Minnesota Statutes, section 116.155, subdivision 2.new text end

new text begin$2,500,000 is transferred from the petroleum tank fund to the remediation fund and is appropriated in the first year to the commissioner for a grant to the city of Paynesville to add an air stripping treatment process to a water treatment plant for removal of volatile organic compounds. This appropriation is effective January 1, 2016.new text end

Sec. 3. new text beginNATURAL RESOURCESnew text end

new text beginSubdivision 1.new text end

new text beginTotal Appropriationnew text end

new text begin$new text end

new text begin263,944,000new text end

new text begin$new text end

new text begin261,979,000new text end

new text beginAppropriations by Fundnew text end

new text begin2016new text end

new text begin2017new text end

new text beginGeneralnew text end

new text begin75,331,000new text end

new text begin74,062,000new text end

new text beginNatural Resourcesnew text end

new text begin84,927,000new text end

new text begin85,603,000new text end

new text beginGame and Fishnew text end

new text begin102,386,000new text end

new text begin102,014,000new text end

new text beginRemediationnew text end

new text begin1,100,000new text end

new text begin100,000new text end

new text beginPermanent Schoolnew text end

new text begin200,000new text end

new text begin200,000new text end

new text beginThe amounts that may be spent for each purpose are specified in the following subdivisions.new text end

new text beginSubd. 2.new text end

new text beginLand and Mineral Resources Managementnew text end

new text begin6,461,000new text end

new text begin5,521,000new text end

new text beginAppropriations by Fundnew text end

new text begin2016new text end

new text begin2017new text end

new text beginGeneralnew text end

new text begin1,585,000new text end

new text begin1,585,000new text end

new text beginNatural Resourcesnew text end

new text begin3,332,000new text end

new text begin3,392,000new text end

new text beginGame and Fishnew text end

new text begin344,000new text end

new text begin344,000new text end

new text beginRemediationnew text end

new text begin1,000,000new text end

new text begin-0-new text end

new text beginPermanent Schoolnew text end

new text begin200,000new text end

new text begin200,000new text end

new text begin$68,000 the first year and $68,000 the second year are for minerals cooperative environmental research, of which $34,000 the first year and $34,000 the second year are available only as matched by $1 of nonstate money for each $1 of state money. The match may be cash or in-kind.new text end

new text begin$251,000 the first year and $251,000 the second year are for iron ore cooperative research. Of this amount, $200,000 each year is from the minerals management account in the natural resources fund. $175,000 the first year and $175,000 the second year are available only as matched by $1 of nonstate money for each $1 of state money. The match may be cash or in-kind. Any unencumbered balance from the first year does not cancel and is available in the second year.new text end

new text begin$2,755,000 the first year and $2,815,000 the second year are from the minerals management account in the natural resources fund for use as provided in Minnesota Statutes, section 93.2236, paragraph (c), for mineral resource management, projects to enhance future mineral income, and projects to promote new mineral resource opportunities.new text end

new text begin$200,000 the first year and $200,000 the second year are from the state forest suspense account in the permanent school fund to accelerate land exchanges, land sales, and commercial leasing of school trust lands and to identify, evaluate, and lease construction aggregate located on school trust lands. This appropriation is to be used for securing long-term economic return from the school trust lands consistent with fiduciary responsibilities and sound natural resources conservation and management principles.new text end

new text beginNotwithstanding Minnesota Statutes, section 115B.20, $1,000,000 the first year is from the dedicated account within the remediation fund for the purposes of Minnesota Statutes, section 115B.20, subdivision 2, clause (4), to acquire salt lands as described under Minnesota Statutes, section 92.05, within Bear Head Lake State Park. This is a onetime appropriation and is available until June 30, 2018.new text end

new text beginSubd. 3.new text end

new text beginEcological and Water Resourcesnew text end

new text begin32,414,000new text end

new text begin32,167,000new text end

new text beginAppropriations by Fundnew text end

new text begin2016new text end

new text begin2017new text end

new text beginGeneralnew text end

new text begin17,526,000new text end

new text begin17,110,000new text end

new text beginNatural Resourcesnew text end

new text begin10,502,000new text end

new text begin10,576,000new text end

new text beginGame and Fishnew text end

new text begin4,386,000new text end

new text begin4,481,000new text end

new text begin$3,242,000 the first year and $3,242,000 the second year are from the invasive species account in the natural resources fund and $3,206,000 the first year and $3,206,000 the second year are from the general fund for management, public awareness, assessment and monitoring research, and water access inspection to prevent the spread of invasive species; management of invasive plants in public waters; and management of terrestrial invasive species on state-administered lands.new text end

new text begin$5,000,000 the first year and $5,000,000 the second year are from the water management account in the natural resources fund for only the purposes specified in Minnesota Statutes, section 103G.27, subdivision 2.new text end

new text begin$124,000 the first year and $124,000 the second year are for a grant to the Mississippi Headwaters Board for up to 50 percent of the cost of implementing the comprehensive plan for the upper Mississippi within areas under the board's jurisdiction.new text end

new text begin$10,000 the first year and $10,000 the second year are for payment to the Leech Lake Band of Chippewa Indians to implement the band's portion of the comprehensive plan for the upper Mississippi.new text end

new text begin$264,000 the first year and $264,000 the second year are for grants for up to 50 percent of the cost of implementation of the Red River mediation agreement.new text end

new text begin$2,018,000 the first year and $2,018,000 the second year are from the heritage enhancement account in the game and fish fund for only the purposes specified in Minnesota Statutes, section 297A.94, paragraph (e), clause (1).new text end

new text begin$950,000 the first year and $950,000 the second year are from the nongame wildlife management account in the natural resources fund for the purpose of nongame wildlife management. Notwithstanding Minnesota Statutes, section 290.431, $100,000 the first year and $100,000 the second year may be used for nongame wildlife information, education, and promotion.new text end

new text begin$6,000,000 the first year and $6,000,000 the second year are from the general fund for the following activities:new text end

new text begin(1) financial reimbursement and technical support to soil and water conservation districts or other local units of government for groundwater level monitoring;new text end

new text begin(2) surface water monitoring and analysis, including installation of monitoring gauges;new text end

new text begin(3) groundwater analysis to assist with water appropriation permitting decisions;new text end

new text begin$10,000 the first year and $64,000 the second year are to study, in cooperation with the Board of Water and Soil Resources, the feasibility of the state assuming administration of the section 404 permit program of the federal Clean Water Act as required in this act. This is a onetime appropriation.new text end

new text begin$100,000 the first year is to develop cost estimates, in cooperation with the Metropolitan Council, for the augmentation of White Bear Lake with water from the Sucker Lake chain of lakes. The commissioner must submit a report with the cost estimates developed under this paragraph to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources policy and finance by February 1, 2016. This is a onetime appropriation.new text end

new text beginThe commissioner of natural resources must create a groundwater model that uses existing data for the Bonanza Valley Groundwater Management Area to describe the current groundwater conditions and characterize the nature and extent of the primary aquifers and the relationship of surface water and groundwater.new text end

new text begin$400,000 the first year is for grants to assist in the construction of flood protection rural and farmstead ring levees in the Red River watershed. Grants may not exceed 50 percent of the cost of the projects. This is a onetime appropriation and is available until June 30, 2019.new text end

new text begin$75,000 is for a grant to the city of Virginia for erosion control on the northeast side of Silver Lake to protect public and private property and infrastructure.new text end

new text beginSubd. 4.new text end

new text beginForest Managementnew text end

new text begin39,614,000new text end

new text begin39,781,000new text end

new text beginAppropriations by Fundnew text end

new text begin2016new text end

new text begin2017new text end

new text beginGeneralnew text end

new text begin26,446,000new text end

new text begin26,350,000new text end

new text beginNatural Resourcesnew text end

new text begin11,881,000new text end

new text begin12,144,000new text end

new text beginGame and Fishnew text end

new text begin1,287,000new text end

new text begin1,287,000new text end

new text begin$7,145,000 the first year and $7,145,000 the second year are for prevention, presuppression, and suppression costs of emergency firefighting and other costs incurred under Minnesota Statutes, section 88.12. The amount necessary to pay for presuppression and suppression costs during the biennium is appropriated from the general fund.new text end

new text beginBy January 15 of each year, the commissioner of natural resources shall submit a report to the chairs and ranking minority members of the house and senate committees and divisions having jurisdiction over environment and natural resources finance, identifying all firefighting costs incurred and reimbursements received in the prior fiscal year. These appropriations may not be transferred. Any reimbursement of firefighting expenditures made to the commissioner from any source other than federal mobilizations shall be deposited into the general fund.new text end

new text begin$11,881,000 the first year and $12,144,000 the second year are from the forest management investment account in the natural resources fund for only the purposes specified in Minnesota Statutes, section 89.039, subdivision 2. The base for fiscal year 2018 and later is $11,644,000.new text end

new text begin$1,287,000 the first year and $1,287,000 the second year are from the heritage enhancement account in the game and fish fund to advance ecological classification systems (ECS) scientific management tools for forest and invasive species management. This appropriation is from revenue deposited in the game and fish fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (1).new text end

new text begin$780,000 the first year and $780,000 the second year are for the Forest Resources Council for implementation of the Sustainable Forest Resources Act.new text end

new text begin$250,000 the first year and $250,000 the second year are for the FORIST system.new text end

new text beginAt least $500,000 the first year is for forest road maintenance. The commissioner shall use the money to perform needed maintenance on forest roads in conjunction with timber sales.new text end

new text beginThe commissioner shall contract with a telecommunication provider to place a cell phone transmitter on the ranger tower on Side Lake in St. Louis County.new text end

new text beginSubd. 5.new text end

new text beginParks and Trails Managementnew text end

new text begin74,064,000new text end

new text begin73,650,000new text end

new text beginAppropriations by Fundnew text end

new text begin2016new text end

new text begin2017new text end

new text beginGeneralnew text end

new text begin24,967,000new text end

new text begin24,427,000new text end

new text beginNatural Resourcesnew text end

new text begin46,831,000new text end

new text begin46,950,000new text end

new text beginGame and Fishnew text end

new text begin2,266,000new text end

new text begin2,273,000new text end

new text begin$1,075,000 the first year and $1,075,000 the second year are from the water recreation account in the natural resources fund for enhancing public water access facilities.new text end

new text begin$5,740,000 the first year and $5,740,000 the second year are from the natural resources fund for state trail, park, and recreation area operations. This appropriation is from the revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (2).new text end

new text begin$1,005,000 the first year and $1,005,000 the second year are from the natural resources fund for park and trail grants to local units of government on land to be maintained for at least 20 years for the purposes of the grants. This appropriation is from the revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (4). Any unencumbered balance does not cancel at the end of the first year and is available for the second year.new text end

new text begin$8,424,000 the first year and $8,424,000 the second year are from the snowmobile trails and enforcement account in the natural resources fund for the snowmobile grants-in-aid program. Any unencumbered balance does not cancel at the end of the first year and is available for the second year.new text end

new text begin$1,360,000 the first year and $1,360,000 the second year are from the natural resources fund for the off-highway vehicle grants-in-aid program. Of this amount, $1,210,000 each year is from the all-terrain vehicle account; and $150,000 each year is from the off-highway motorcycle account. Any unencumbered balance does not cancel at the end of the first year and is available for the second year.new text end

new text begin$75,000 the first year and $75,000 the second year are from the cross-country ski account in the natural resources fund for grooming and maintaining cross-country ski trails in state parks, trails, and recreation areas.new text end

new text begin$250,000 the first year and $250,000 the second year are from the state land and water conservation account (LAWCON) in the natural resources fund for priorities established by the commissioner for eligible state projects and administrative and planning activities consistent with Minnesota Statutes, section 84.0264, and the federal Land and Water Conservation Fund Act. Any unencumbered balance does not cancel at the end of the first year and is available for the second year.new text end

new text begin$968,000 the first year and $968,000 the second year are from the off-road vehicle account in the natural resources fund. Of this amount, $568,000 each year is for parks and trails management for off-road vehicle purposes; $325,000 each year is for the off-road vehicle grant in aid program; and $75,000 each year is for a new full-time employee position or contract in northern Minnesota to work in conjunction with the Minnesota Four-Wheel Drive Association to address off-road vehicle touring routes and other issues related to off-road vehicle activities. Of this appropriation, the $325,000 each year is onetime.new text end

new text begin$65,000 the first year is from the water recreation account in the natural resources fund to cooperate with local units of government in marking routes and designating river accesses and campsites under Minnesota Statutes, section 85.32. This is a onetime appropriation and is available until June 30, 2019.new text end

new text begin$190,000 the first year is for a grant to the city of Virginia for the additional cost of supporting a trail due to the rerouting of U.S. Highway No. 53. This is a onetime appropriation and is available until June 30, 2019.new text end

new text begin$50,000 the first year is for development of a master plan for the Mississippi Blufflands Trail, including work on possible extensions or connections to other state or regional trails. This is a onetime appropriation that is available until June 30, 2017.new text end

new text begin$61,000 from the natural resources fund the first year is for a grant to the city of East Grand Forks for payment under a reciprocity agreement for the Red River State Recreation Area.new text end

new text begin$500,000 the first year is for restoration or replacement of a historic trestle bridge in Blackduck. This is a onetime appropriation and is available until June 30, 2019.new text end

new text beginThe base for parks and trails operations in the natural resources fund in fiscal year 2018 and thereafter is $46,450,000.new text end

new text beginSubd. 6.new text end

new text beginFish and Wildlife Managementnew text end

new text begin71,177,000new text end

new text begin71,713,000new text end

new text beginAppropriations by Fundnew text end

new text begin2016new text end

new text begin2017new text end

new text beginNatural Resourcesnew text end

new text begin1,908,000new text end

new text begin1,912,000new text end

new text beginGame and Fishnew text end

new text begin69,269,000new text end

new text begin69,801,000new text end

new text begin$8,167,000 the first year and $8,167,000 the second year are from the heritage enhancement account in the game and fish fund only for activities specified in Minnesota Statutes, section 297A.94, paragraph (e), clause (1). Notwithstanding Minnesota Statutes, section 297A.94, five percent of this appropriation may be used for expanding hunter and angler recruitment and retention.new text end

new text begin$1,000,000 the first year and $1,000,000 the second year are from the game and fish fund for shooting sports facility grants under Minnesota Statutes, section 87A.10, including grants for archery facilities. Up to $100,000 each year is available for shooting sports facilities on state lands. Grants must be matched with a nonstate match, which may include in-kind contributions. This is a onetime appropriation and is available until June 30, 2019.new text end

new text beginThe game and fish fund base for fish and wildlife management in fiscal year 2018 and thereafter is $65,619,000.new text end

new text beginNotwithstanding Minnesota Statutes, section 84.943, $13,000 the first year and $13,000 the second year from the critical habitat private sector matching account may be used to publicize the critical habitat license plate match program.new text end

new text beginSubd. 7.new text end

new text beginEnforcementnew text end

new text begin39,344,000new text end

new text begin38,377,000new text end

new text beginAppropriations by Fundnew text end

new text begin2016new text end

new text begin2017new text end

new text beginGeneralnew text end

new text begin4,257,000new text end

new text begin4,140,000new text end

new text beginNatural Resourcesnew text end

new text begin10,153,000new text end

new text begin10,309,000new text end

new text beginGame and Fishnew text end

new text begin24,834,000new text end

new text begin23,828,000new text end

new text beginRemediationnew text end

new text begin100,000new text end

new text begin100,000new text end

new text begin$200,000 the first year is from the general fund and $1,900,000 the first year is from the game and fish fund are for aviation services. This appropriation is onetime.new text end

new text begin$1,718,000 the first year and $1,718,000 the second year are from the general fund for enforcement efforts to prevent the spread of aquatic invasive species.new text end

new text begin$1,537,000 the first year and $1,580,000 the second year are from the heritage enhancement account in the game and fish fund for only the purposes specified in Minnesota Statutes, section 297A.94, paragraph (e), clause (1).new text end

new text begin$1,082,000 the first year and $1,082,000 the second year are from the water recreation account in the natural resources fund for grants to counties for boat and water safety. Any unencumbered balance does not cancel at the end of the first year and is available for the second year.new text end

new text begin$315,000 the first year and $315,000 the second year are from the snowmobile trails and enforcement account in the natural resources fund for grants to local law enforcement agencies for snowmobile enforcement activities. Any unencumbered balance does not cancel at the end of the first year and is available for the second year.new text end

new text begin$250,000 the first year and $250,000 the second year are from the all-terrain vehicle account for grants to qualifying organizations to assist in safety and environmental education and monitoring trails on public lands under Minnesota Statutes, section 84.9011. Grants issued under this paragraph must be issued through a formal agreement with the organization. By December 15 each year, an organization receiving a grant under this paragraph shall report to the commissioner with details on expenditures and outcomes from the grant. Of this appropriation, $25,000 each year is for administration of these grants. Any unencumbered balance does not cancel at the end of the first year and is available for the second year.new text end

new text begin$510,000 the first year and $510,000 the second year are from the natural resources fund for grants to county law enforcement agencies for off-highway vehicle enforcement and public education activities based on off-highway vehicle use in the county. Of this amount, $498,000 each year is from the all-terrain vehicle account; $11,000 each year is from the off-highway motorcycle account; and $1,000 each year is from the off-road vehicle account. The county enforcement agencies may use money received under this appropriation to make grants to other local enforcement agencies within the county that have a high concentration of off-highway vehicle use. Of this appropriation, $25,000 each year is for administration of these grants. Any unencumbered balance does not cancel at the end of the first year and is available for the second year.new text end

new text beginSubd. 8.new text end

new text beginOperations Supportnew text end

new text begin870,000new text end

new text begin770,000new text end

new text beginAppropriations by Fundnew text end

new text begin2016new text end

new text begin2017new text end

new text beginGeneralnew text end

new text begin550,000new text end

new text begin450,000new text end

new text beginNatural Resourcesnew text end

new text begin320,000new text end

new text begin320,000new text end

new text begin$320,000 the first year and $320,000 the second year are from the natural resources fund for grants to be divided equally between the city of St. Paul for the Como Park Zoo and Conservatory and the city of Duluth for the Duluth Zoo. This appropriation is from the revenue deposited to the fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (5).new text end

new text begin$300,000 the first year and $450,000 the second year are for legal costs related to water management. This is a onetime appropriation and is available until June 30, 2018.new text end

new text beginWith money appropriated in this section, the commissioner shall give preference to call centers located in Minnesota.new text end

new text beginCancellationnew text end

Sec. 4. new text beginBOARD OF WATER AND SOIL RESOURCESnew text end

new text begin$new text end

new text begin13,237,000new text end

new text begin$new text end

new text begin13,415,000new text end

new text begin$3,423,000 the first year and $3,423,000 the second year are for natural resources block grants to local governments. Grants must be matched with a combination of local cash or in-kind contributions. The base grant portion related to water planning must be matched by an amount as specified by Minnesota Statutes, section 103B.3369. The board may reduce the amount of the natural resources block grant to a county by an amount equal to any reduction in the county's general services allocation to a soil and water conservation district from the county's previous year allocation when the board determines that the reduction was disproportionate.new text end

new text begin$3,116,000 the first year and $3,116,000 the second year are for grants to soil and water conservation districts for general purposes, nonpoint engineering, and implementation of the reinvest in Minnesota reserve program. Expenditures may be made from these appropriations for supplies and services benefiting soil and water conservation districts. Any district receiving a grant under this paragraph shall maintain a Web page that publishes, at a minimum, its annual report, annual audit, annual budget, and meeting notices.new text end

new text begin$1,560,000 the first year and $1,560,000 the second year are for the following cost-share programs:new text end

new text begin(1) $260,000 each year is for feedlot water quality grants for feedlots under 300 animal units and nutrient and manure management projects in watersheds where there are impaired waters;new text end

new text begin(2) $1,200,000 each year is for soil and water conservation district cost-sharing contracts for perennially vegetated riparian buffers, erosion control, water retention and treatment, and other high-priority conservation practices; andnew text end

new text begin(3) $100,000 each year is for county cooperative weed management programs and to restore native plants in selected invasive species management sites.new text end

new text begin$800,000 the first year and $750,000 the second year are for implementation, enforcement, and oversight of the Wetland Conservation Act, including administration of the wetland banking program and in-lieu fee mechanism. The base for fiscal year 2018 and later is $761,000.new text end

new text begin$166,000 the first year and $166,000 the second year are to provide technical assistance to local drainage management officials and for the costs of the Drainage Work Group.new text end

new text begin$100,000 the first year and $100,000 the second year are for a grant to the Red River Basin Commission for water quality and floodplain management, including administration of programs. This appropriation must be matched by nonstate funds. If the appropriation in either year is insufficient, the appropriation in the other year is available for it.new text end

new text begin$140,000 the first year and $140,000 the second year are for grants to Area II Minnesota River Basin Projects for floodplain management.new text end

new text begin$8,000 the first year and $262,000 the second year are to study, in cooperation with the commissioner of natural resources, the feasibility of the state assuming administration of the section 404 permit program of the federal Clean Water Act as required in this act. This is a onetime appropriation.new text end

new text beginNotwithstanding Minnesota Statutes, section 103C.501, the board may shift cost-share funds in this section and may adjust the technical and administrative assistance portion of the grant funds to leverage federal or other nonstate funds or to address high-priority needs identified in local water management plans or comprehensive water management plans.new text end

new text beginThe appropriations for grants in this section are available until expended. If an appropriation for grants in either year is insufficient, the appropriation in the other year is available for it.new text end

new text beginThe base for the board in fiscal year 2018 and thereafter is increased by $11,000,000 for grants to soil and water conservation districts to implement buffer requirements.new text end

Sec. 5. new text beginMETROPOLITAN COUNCILnew text end

new text begin$new text end

new text begin8,740,000new text end

new text begin$new text end

new text begin8,740,000new text end

new text beginAppropriations by Fundnew text end

new text begin2016new text end

new text begin2017new text end

new text beginGeneralnew text end

new text begin3,070,000new text end

new text begin3,070,000new text end

new text beginNatural Resourcesnew text end

new text begin5,670,000new text end

new text begin5,670,000new text end

new text begin$2,870,000 the first year and $2,870,000 the second year are for metropolitan area regional parks operation and maintenance according to Minnesota Statutes, section 473.351.new text end

new text begin$5,670,000 the first year and $5,670,000 the second year are from the natural resources fund for metropolitan area regional parks and trails maintenance and operations. This appropriation is from the revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (3).new text end

new text begin$200,000 the first year and $200,000 the second year are for the Metropolitan Area Water Supply Policy Advisory Committee study and the Metropolitan Area Water Supply Technical Advisory Committee required under Minnesota Statutes, section 473.1565. This is a onetime appropriation.new text end

Sec. 6. new text beginCONSERVATION CORPS MINNESOTAnew text end

new text begin$new text end

new text begin945,000new text end

new text begin$new text end

new text begin945,000new text end

new text beginAppropriations by Fundnew text end

new text begin2016new text end

new text begin2017new text end

new text beginGeneralnew text end

new text begin455,000new text end

new text begin455,000new text end

new text beginNatural Resourcesnew text end

new text begin490,000new text end

new text begin490,000new text end

new text beginConservation Corps Minnesota may receive money appropriated from the natural resources fund under this section only as provided in an agreement with the commissioner of natural resources.new text end

Sec. 7. new text beginZOOLOGICAL BOARDnew text end

new text begin$new text end

new text begin8,410,000new text end

new text begin$new text end

new text begin8,410,000new text end

new text beginAppropriations by Fundnew text end

new text begin2016new text end

new text begin2017new text end

new text beginGeneralnew text end

new text begin8,250,000new text end

new text begin8,250,000new text end

new text beginNatural Resourcesnew text end

new text begin160,000new text end

new text begin160,000new text end

new text begin$160,000 the first year and $160,000 the second year are from the natural resources fund from the revenue deposited under Minnesota Statutes, section 297A.94, paragraph (e), clause (5).new text end

Sec. 8. new text beginSCIENCE MUSEUMnew text end

new text begin$new text end

new text begin1,079,000new text end

new text begin$new text end

new text begin1,079,000new text end

Sec. 9. new text beginADMINISTRATIONnew text end

new text begin$new text end

new text begin300,000new text end

new text begin$new text end

new text begin300,000new text end

new text begin$300,000 the first year and $300,000 the second year are from the state forest suspense account in the permanent school fund for the school trust lands director to accelerate land exchanges, land sales, and commercial leasing of school trust lands and to identify, evaluate, and lease construction aggregate located on school trust lands. This appropriation is to be used for securing long-term economic return from the school trust lands consistent with fiduciary responsibilities and sound natural resources conservation and management principles.new text end

Sec. 10. new text beginREPAYMENT; TRANSFERnew text end

new text beginThe commissioner of management and budget shall transfer $19,016,000 in fiscal year 2018 and $19,016,000 in fiscal year 2019 from the general fund to the closed landfill investment fund created in Minnesota Statutes, section 115B.421.new text end

Sec. 11.

Subd. 4.

Returned Grants

Beginning July 1, 2010, all returned grant money originating from general fund grant programs will be deposited into individual accounts in the special revenue fund and deleted text beginheld for eventual transfer back to the general fund. On December 15, 2010, and on December 15 of each year thereafter, $310,000 of the receipts in this special revenue fund will be transferred to the general fund. If less than $310,000 is available on the transfer date, an additional transfer on June 15 sufficient to make the $310,000 annual obligation will be madedeleted text endnew text begin may be used for the purposes of Minnesota Statutes, section 103B.102, for grants to local governments as authorized in Minnesota Statutes, section 103B.3369, or to cover onetime costs for implementation of natural resources block grant funded programs, including the Wetland Conservation Act, wetland banking, shoreland management, and local water management programsnew text end.

Sec. 12.

Subd. 5.

Fish and Wildlife Management

-0-

2,412,000

$3,000 in 2015 is from the heritage enhancement account in the game and fish fund for a report on aquatic plant management permitting policies for the management of narrow-leaved and hybrid cattail in a range of basin types across the state. The report shall be submitted to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over environment and natural resources by December 15, 2014, and include recommendations for any necessary changes in statutes, rules, or permitting procedures. This is a onetime appropriation.

$9,000 in 2015 is from the game and fish fund for the commissioner, in consultation with interested parties, agencies, and other states, to develop a detailed restoration plan to recover the historical native population of bobwhite quail in Minnesota for its ecological and recreational benefits to the citizens of the state. The commissioner shall conduct public meetings in developing the plan. No later than January 15, 2015, the commissioner must report on the plan's progress to the legislative committees with jurisdiction over environment and natural resources policy and finance. This is a onetime appropriation.

$2,000,000 in 2015 is from the game and fish fund for shooting sports facility grants under Minnesota Statutes, section 87A.10. new text beginThe commissioner may spend up to $50,000 of this appropriation to administer the grant. new text endThis is a onetime appropriation and is available until June 30, 2017.

$400,000 in 2015 is from the heritage enhancement account in the game and fish fund for new text beginhunter and angler recruitment and retention activities and new text endgrants to local chapters of Let's Go Fishing of Minnesota to provide community outreach to senior citizens, youth, and veterans and for the costs associated with establishing and recruiting new chapters. The grants must be matched with cash or in-kind contributions from nonstate sources. Of this amount, $25,000 is for Asian Outdoor Heritage for youth fishing recruitment efforts and outreach in the metropolitan area. The commissioner shall establish a grant application process that includes a standard for ownership of equipment purchased under the grant program and contract requirements that cover the disposition of purchased equipment if the grantee no longer exists. Any equipment purchased with state grant money must be specified on the grant application and approved by the commissioner. The commissioner may spend up to three percent of the appropriation to administer the grant. This is a onetime appropriation and is available until June 30, 2016.

Sec. 2.

Subd. 7.

new text begin(a) new text endA utility license for crossing public lands or public waters is exempt from all new text beginapplication new text endfees specified in this section and in rules adopted under this section deleted text beginwhen the utility crossing is on an existing right-of-way of a public roaddeleted text end.

new text begin(b) This subdivision does not apply to electric power lines, cables, or conduits 100 kilovolts or greater or to main pipelines for gas, liquids, or solids in suspension.new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective retroactively from July 1, 2014, and does not authorize the retroactive collection of fees.new text end

Sec. 3.

new text beginSubdivision 1.new text end

new text beginAccount established; sources.new text end

new text beginThe natural resources conservation easement stewardship account is created in the special revenue fund. The account consists of money credited to the account and interest and other earnings on money in the account. The State Board of Investment must manage the account to maximize long-term gain. The following revenue must be deposited in the natural resources conservation easement stewardship account:new text end

new text begin(1) contributions to the account or specified for any purpose of the account;new text end

new text begin(3) money appropriated for any of the purposes described in subdivision 2;new text end

new text begin(4) money appropriated for monitoring and enforcement of easements and earnings on the money appropriated that revert to the state under section 97A.056, subdivision 17, or other applicable law; andnew text end

new text begin(5) gifts under section 84.085 for conservation easement stewardship.new text end

new text beginSubd. 2.new text end

new text beginAppropriation; purposes of account.new text end

new text beginFive percent of the balance on July 1 of each year in the natural resources conservation easement stewardship account is annually appropriated to the commissioner of natural resources and may be spent only to cover the costs of managing conservation easements held by the Department of Natural Resources, including costs associated with monitoring, landowner contacts, records storage and management, processing landowner notices, requests for approval or amendments, enforcement, and legal services associated with conservation easement management activities.new text end

new text beginSubd. 3.new text end

new text beginFinancial contributions.new text end

new text beginThe commissioner shall seek a financial contribution to the natural resources conservation easement stewardship account for each conservation easement acquired by or assigned to the Department of Natural Resources. Unless otherwise provided by law, the commissioner shall determine the amount of the contribution, which must be an amount calculated to earn sufficient money to meet the costs of managing the conservation easement at a level that neither significantly overrecovers nor underrecovers the costs. In determining the amount of the financial contribution, the commissioner shall consider:new text end

new text begin(1) the estimated annual staff hours needed to manage the conservation easement, taking into consideration factors such as easement type, size, location, and complexity;new text end

new text begin(2) the average hourly wages for the class or classes of employees expected to manage the conservation easement;new text end

new text begin(3) the estimated annual travel expenses to manage the conservation easement;new text end

new text begin(4) the estimated annual miscellaneous costs to manage the conservation easement, including supplies and equipment, information technology support, and aerial flyovers;new text end

new text begin(5) the estimated annualized cost of legal services, including the cost to enforce the easement in the event of a violation; andnew text end

new text begin(6) the expected rate of return on investments in the account.new text end

new text beginEFFECTIVE DATE.new text end

new text beginSubdivisions 1 and 2 of this section are effective the day following final enactment. Subdivision 3 of this section is effective for conservation easements acquired with money appropriated on or after July 1, 2015, and for acquisitions of conservation easements by gift that are initiated on or after July 1, 2015.new text end

Sec. 4.

Subd. 5.

Report of new text beginownership new text endtransfers; fee.

deleted text beginA person who sells or transfersdeleted text endnew text begin (a) Application for transfer ofnew text end ownership of an off-highway motorcycle registered under this section deleted text beginshall report the sale or transferdeleted text endnew text begin must be madenew text end to the commissioner within 15 days of the date of transfer.

new text begin(b) new text endAn application for transfer must be executed by the registered owner and the deleted text beginbuyer on a form prescribed by the commissioner with the owner's registration certificate, deleted text endnew text beginpurchaser usingnew text end a bill of saledeleted text begin, and a $4 feedeleted text endnew text begin that includes the vehicle serial numbernew text end.

new text begin(c) The purchaser is subject to the penalties imposed by section 84.774 if the purchaser fails to apply for transfer of ownership as provided under this subdivision.new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective January 1, 2016.new text end

Sec. 5.

Minnesota Statutes 2014, section 84.788, is amended by adding a subdivision to read:

new text beginSubd. 5a.new text end

new text beginReport of registration transfers.new text end

new text begin(a) Application for transfer of registration under this section must be made to the commissioner within 15 days of the date of transfer.new text end

new text begin(b) An application for transfer must be executed by the registered owner and the purchaser using a bill of sale that includes the vehicle serial number.new text end

new text begin(c) The purchaser is subject to the penalties imposed by section 84.774 if the purchaser fails to apply for transfer of registration as provided under this subdivision.new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective January 1, 2016.new text end

Sec. 6.

new text beginThe commissioner must review an off-road vehicle grant-in-aid application and, if approved, commence public review of the application within 60 days after the completed application has been locally approved and submitted to an area parks and trails office. If the commissioner fails to approve or deny the application within 60 days after submission, the application is deemed approved and the commissioner must provide for a 30-day public review period.new text end

Sec. 7.

Subd. 2a.

Nontrail use registration.

A snowmobile may be registered for nontrail use. A snowmobile registered under this subdivision may not be operated on a state or grant-in-aid snowmobile trail. The fee for a nontrail use registration new text beginof a snowmobile with an engine displacement that is greater than 125 cubic centimeters new text endis $45 for three years. A nontrail use registration is not transferable. In addition to other penalties prescribed by law, the penalty for violation of this subdivision is immediate revocation of the nontrail use registration. The commissioner shall ensure that the registration sticker provided for limited nontrail use is of a different color and is distinguishable from other snowmobile registration and state trail stickers provided.

Sec. 8.

Subd. 6.

Exemptions.

(1) a snowmobile owned and used by the United States, an Indian tribal government, another state, or a political subdivision thereof;

(2) a snowmobile registered in a country other than the United States temporarily used within this state;

(3) a snowmobile that is covered by a valid license of another state and has not been within this state for more than 30 consecutive days or that is registered by an Indian tribal government to a tribal member and has not been outside the tribal reservation boundary for more than 30 consecutive days;

(4) a snowmobile used exclusively in organized track racing events;

(5) a snowmobile in transit by a manufacturer, distributor, or dealer;

(6) a snowmobile at least 15 years old in transit by an individual for use only on land owned or leased by the individual; deleted text beginordeleted text end

(7) a snowmobile while being used to groom a state or grant-in-aid trailnew text begin; ornew text end

new text begin(8) a snowmobile with an engine displacement that is 125 cubic centimeters or less and the snowmobile is not operated on a state or grant-in-aid trailnew text end.

Sec. 9.

Minnesota Statutes 2014, section 84.84, is amended to read:

84.84 TRANSFER OR TERMINATION OF SNOWMOBILE OWNERSHIP.

new text begin(a) new text endWithin 15 days after the transfer of ownership, or any part thereof, other than a security interest, or the destruction or abandonment of any snowmobile, written notice deleted text beginthereofdeleted text endnew text beginof the transfer or destruction or abandonment new text endshall be given to the commissioner in such form as the commissioner shall prescribe.

new text begin(b) An application for transfer must be executed by the registered owner and the purchaser using a bill of sale that includes the vehicle serial number.new text end

new text begin(c) The purchaser is subject to the penalties imposed by section 84.88 if the purchaser fails to apply for transfer of ownership as provided under this subdivision. new text endEvery owner or part owner of a snowmobile shall, upon failure to give deleted text beginsuchdeleted text end noticenew text begin of destruction or abandonmentnew text end, be subject to the penalties imposed by deleted text beginLaws 1967, chapter 876deleted text endnew text begin section 84.88new text end.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective July 1, 2016.new text end

Sec. 10.

Subd. 8.

All-terrain vehicle or vehicle.

"All-terrain vehicle" or "vehicle" means a motorized vehicle deleted text beginofdeleted text endnew text begin with: (1)new text end not less than three, but not more than six low pressure or non-pneumatic tiresdeleted text begin, that is limited in engine displacement of less than 1,000 cubic centimeters anddeleted text endnew text begin; (2) a total dry weight of 2,000 pounds or less; and (3) a total width from outside of tire rim to outside of tire rim that is 65 inches or less. All-terrain vehicle new text endincludes a class 1 all-terrain vehicle and class 2 all-terrain vehicle.new text begin All-terrain vehicle does not include a golf cart, mini-truck, dune buggy, or go-cart or a vehicle designed and used specifically for lawn maintenance, agriculture, logging, or mining purposes.new text end

Sec. 11.

Subd. 9.

Class 1 all-terrain vehicle.

"Class 1 all-terrain vehicle" means an all-terrain vehicle that has a total deleted text begindry weight of less than 1,200 poundsdeleted text endnew text begin width from outside of tire rim to outside of tire rim that is 50 inches or lessnew text end.

Sec. 12.

Subd. 10.

Class 2 all-terrain vehicle.

"Class 2 all-terrain vehicle" means an all-terrain vehicle that has a total deleted text begindry weight of 1,200 to 1,800 poundsdeleted text endnew text begin width from outside of tire rim to outside of tire rim that is greater than 50 inches but not more than 65 inchesnew text end.

Sec. 13.

Subd. 4.

Report of transfers.

deleted text beginA person who sells or transfers ownership of a vehicle registered under this section shall report the sale ordeleted text endnew text begin (a) Application fornew text end transfer new text beginof ownership must be made new text endto the commissioner within 15 days of the date of transfer.

new text begin(b) new text endAn application for transfer must be executed by the registered owner and the purchaser deleted text beginon a form prescribed by the commissioner with the owner's registration certificate,deleted text endnew text begin usingnew text end a bill of sale deleted text beginand a $4 feedeleted text endnew text begin that includes the vehicle serial numbernew text end.

new text begin(c) The purchaser is subject to the penalties imposed by section 84.774 if the purchaser fails to apply for transfer of ownership as provided under this subdivision.new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective January 1, 2016.new text end

Sec. 14.

Subd. 5.

Training requirements.

(a) An individual who was born after July 1, 1987, and who is 16 years of age or older, must successfully complete the independent study course component of all-terrain vehicle safety training before operating an all-terrain vehicle on public lands or waters, public road rights-of-way, or state or grant-in-aid trails.

(b) An individual who is convicted of violating a law related to the operation of an all-terrain vehicle must successfully complete the independent study course component of all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.

(c) An individual who is convicted for a second or subsequent excess speed, trespass, or wetland violation in an all-terrain vehicle season, or any conviction for careless or reckless operation of an all-terrain vehicle, must successfully complete the independent study and the testing and operating course components of all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.

(d) An individual who receives three or more citations and convictions for violating a law related to the operation of an all-terrain vehicle in a two-year period must successfully complete the independent study and the testing and operating course components of all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.

(e) An individual must present evidence of compliance with this subdivision before an all-terrain vehicle registration is issued or renewed.new text begin A person may use the following as evidence of meeting all-terrain vehicle safety certificate requirements:new text end

new text begin(1) a valid all-terrain vehicle safety certificate issued by the commissioner;new text end

Sec. 15.

Subdivision 1.

Prohibitions on youthful operators.

(a) Except for operation on public road rights-of-way that is permitted under section 84.928 and as provided under paragraph (j), a driver's license issued by the state or another state is required to operate an all-terrain vehicle along or on a public road right-of-way.

(b) A person under 12 years of age shall not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an all-terrain vehicle on a public road right-of-way in the state; or

(3) operate an all-terrain vehicle on public lands or waters, except as provided in paragraph (f).

(c) Except for public road rights-of-way of interstate highways, a person 12 years of age but less than 16 years may make a direct crossing of a public road right-of-way of a trunk, county state-aid, or county highway or operate on public lands and waters or state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety certificate issued by the commissioner and is accompanied by a person 18 years of age or older who holds a valid driver's license.

(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years old, but less than 16 years old, must:

(1) successfully complete the safety education and training program under section 84.925, subdivision 1, including a riding component; and

(2) be able to properly reach and control the handle bars and reach the foot pegs while sitting upright on the seat of the all-terrain vehicle.

(e) A person at least 11 years of age may take the safety education and training program and may receive an all-terrain vehicle safety certificate under paragraph (d), but the certificate is not valid until the person reaches age 12.

(f) A person at least ten years of age but under 12 years of age may operate an all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if accompanied by a parent or legal guardian.

(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.

(h) A person under the age of 16 may not operate an all-terrain vehicle on public lands or waters or on state or grant-in-aid trails if the person cannot properly reach and control the handle bars and reach the foot pegs while sitting upright on the seat of the all-terrain vehicle.

(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16 years old, may make a direct crossing of a public road right-of-way of a trunk, county state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or state or grant-in-aid trails if:

(1) the nonresident youth has in possession evidence of completing an all-terrain safety course offered by the ATV Safety Institute or another state as provided in section 84.925, subdivision 3; and

(2) the nonresident youth is accompanied by a person 18 years of age or older who holds a valid driver's license.

(j) A person 12 years of age but less than 16 years of age may operate an all-terrain vehicle on the new text beginroadway, new text endbank, slope, or ditch of a public road right-of-way as permitted under section 84.928 if the person:

(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner; and

(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.

Sec. 16.

Subdivision 1.

Operation on roads and rights-of-way.

(a) Unless otherwise allowed in sections 84.92 to 84.928new text begin or by local ordinance under paragraph (k)new text end, a person shall not operate an all-terrain vehicle in this state along or on the roadway, shoulder, or inside bank or slope of a public road right-of-way of a trunk, county state-aid, or county highway.

(b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside bank or slope of a trunk, county state-aid, or county highway unless prohibited under paragraph (d) or (f).

(c) A person may operate new text begina class 1 all-terrain vehicle designed by the manufacturer for off-road use to be driven by a steering wheel and equipped with operator and passenger seat belts and a roll-over protective structure or new text enda class 2 all-terrain vehicle:

(1) within the public road right-of-way of a county state-aid or county highway on the new text beginright shoulder or thenew text end extreme right-hand side of the road and left turns may be made from any part of the road if it is safe to do so under the prevailing conditions, unless prohibited under paragraph (d) or (f);

(2) on the bank, slope, or ditch of a public road right-of-way of a trunk, county state-aid, or county highway but only to access businesses or make trail connections, and left turns may be made from any part of the road if it is safe to do so under the prevailing conditions, unless prohibited under paragraph (d) or (f); and

(3) on the bank or ditch of a public road right-of-way on a designated class 2 all-terrain vehicle trail.

(d) A road authority as defined under section 160.02, subdivision 25, may after a public hearing restrict the use of all-terrain vehicles in the public road right-of-way under its jurisdiction.

(e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside bank or slope of a trunk, interstate, county state-aid, or county highway:

(1) that is part of a funded grant-in-aid trail; or

(2) when the all-terrain vehicle is owned by or operated under contract withnew text begin:new text end

new text begin(i) a road authority as defined under section 160.02, subdivision 25; ornew text end

new text begin(ii)new text end a publicly or privately owned utility or pipeline company and used for work on utilities or pipelines.

(f) The commissioner may limit the use of a right-of-way for a period of time if the commissioner determines that use of the right-of-way causes:

(1) degradation of vegetation on adjacent public property;

(2) siltation of waters of the state;

(3) impairment or enhancement to the act of taking game; or

(4) a threat to safety of the right-of-way users or to individuals on adjacent public property.

The commissioner must notify the road authority as soon as it is known that a closure will be ordered. The notice must state the reasons and duration of the closure.

(g) A person may operate an all-terrain vehicle registered for private use and used for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or county highway in this state if the all-terrain vehicle is operated on the extreme right-hand side of the road, and left turns may be made from any part of the road if it is safe to do so under the prevailing conditions.

(h) A person shall not operate an all-terrain vehicle within the public road right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in the agricultural zone unless the vehicle is being used exclusively as transportation to and from work on agricultural lands. This paragraph does not apply to an agent or employee of a road authority, as defined in section 160.02, subdivision 25, or the Department of Natural Resources when performing or exercising official duties or powers.

(i) A person shall not operate an all-terrain vehicle within the public road right-of-way of a trunk, county state-aid, or county highway between the hours of one-half hour after sunset to one-half hour before sunrise, except on the right-hand side of the right-of-way and in the same direction as the highway traffic on the nearest lane of the adjacent roadway.

(j) A person shall not operate an all-terrain vehicle at any time within the right-of-way of an interstate highway or freeway within this state.

new text begin(k) A county, city, or town, acting through its governing body, may by ordinance allow a person to operate an all-terrain vehicle on a public road or street under its jurisdiction to access businesses and residences and to make trail connections.new text end

new text beginEFFECTIVE DATE.new text end

new text beginThe amendments to paragraph (e) of this section are effective the day following final enactment.new text end

Sec. 17.

Minnesota Statutes 2014, section 84D.01, is amended by adding a subdivision to read:

new text beginSubd. 1a.new text end

new text beginAquatic invasive species affirmation.new text end

new text begin"Aquatic invasive species affirmation" means an affirmation of the summary of the aquatic invasive species laws of this chapter that is part of watercraft licenses and nonresident fishing licenses, as provided in section 84D.106.new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective January 1, 2016.new text end

Sec. 18.

Subd. 13.

Prohibited invasive species.

"Prohibited invasive species" means a nonnative species that has been deleted text beginlisteddeleted text endnew text begin designatednew text end as a prohibited invasive species in a rule adopted by the commissioner under section 84D.12.

Sec. 19.

Subd. 15.

Regulated invasive species.

"Regulated invasive species" means a nonnative species that has been deleted text beginlisteddeleted text endnew text begin designatednew text end as a regulated invasive species in a rule adopted by the commissioner under section 84D.12.

Sec. 20.

Subd. 17.

Unlisted nonnative species.

"Unlisted nonnative species" means a nonnative species that has not been deleted text beginlisteddeleted text endnew text begin designatednew text end as a prohibited invasive species, a regulated invasive species, or an unregulated nonnative species in a rule adopted by the commissioner under section 84D.12.

Sec. 21.

Subd. 18.

Unregulated nonnative species.

"Unregulated nonnative species" means a nonnative species that has been deleted text beginlisteddeleted text endnew text begin designatednew text end as an unregulated nonnative species in a rule adopted by the commissioner under section 84D.12.

Sec. 22.

Minnesota Statutes 2014, section 84D.06, is amended to read:

84D.06 UNLISTED NONNATIVE SPECIES.

Subdivision 1.

Process.

A person may not introduce an unlisted nonnative aquatic plant or wild animal species unless:

(1) the person has notified the commissioner in a manner and form prescribed by the commissioner;

(2) the commissioner has made the classification determination required in subdivision 2 and deleted text beginlisteddeleted text endnew text begin designatednew text end the species as appropriate; and

(3) the introduction is allowed under the applicable provisions of this chapter.

Subd. 2.

Classification.

(a) If the commissioner determines that a species for which a notification is received under subdivision 1 should be classified as a prohibited invasive species, the commissioner shall:

(2) notify the person from which the notification was received that the species is not subject to regulation under this chapter.

(c) If the commissioner determines that a species for which a notification is received under subdivision 1 should be classified as a regulated invasive species, the commissioner shall notify the applicant that the species is subject to the requirements in section 84D.07.

Sec. 23.

Subd. 3.

Removal and confinement.

(a) A conservation officer or other licensed peace officer may order:

(1) the removal of aquatic macrophytes or prohibited invasive species from water-related equipmentnew text begin, including decontamination using hot water or high pressure equipment when available on site,new text end before deleted text beginitdeleted text endnew text begin the water-related equipmentnew text end is new text begintransported or before it is new text endplaced into waters of the state;

(2) confinement of the water-related equipment at a mooring, dock, or other location until the water-related equipment is removed from the water;

(3) removal of water-related equipment from waters of the state to remove prohibited invasive species if the water has not been listed by the commissioner as being infested with that species; deleted text beginanddeleted text end

(4) a prohibition on placing water-related equipment into waters of the state when the water-related equipment has aquatic macrophytes or prohibited invasive species attached in violation of subdivision 1 or when water has not been drained or the drain plug has not been removed in violation of subdivision 4deleted text begin.deleted text endnew text begin; andnew text end

new text begin(5) decontamination of water-related equipment when available on site.new text end

new text begin(b) An order for removal of prohibited invasive species under paragraph (a), clause (1), or decontamination of water-related equipment under paragraph (a), clause (5), may include tagging the water-related equipment and issuing a notice that specifies a time frame for completing the removal or decontamination and reinspection of the water-related equipment.new text end

Sec. 25.

Subdivision 1.

Prohibited invasive species.

The commissioner may issue a permit for the propagation, possession, importation, purchase, or transport of a prohibited invasive species for the purposes of disposal,new text begin decontamination,new text end control, research, or education.

Subd. 5.

Civil penalties.

(2) for placing or attempting to place into waters of the state water-related equipment that has aquatic macrophytes attached, $200;

(3) for unlawfully possessing or transporting a prohibited invasive species other than an aquatic macrophyte, $500;

(4) for placing or attempting to place into waters of the state water-related equipment that has prohibited invasive species attached when the waters are not listed by the commissioner as being infested with that invasive species, $500;

(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as prescribed by rule, Eurasian water milfoil, $100;

(6) for failing to have drain plugs or similar devices removed or opened while transporting water-related equipment or for failing to remove plugs, open valves, and drain water from water-related equipment, other than marine sanitary systems, before leaving waters of the state, $100; deleted text beginanddeleted text end

(7) for transporting infested water off riparian property without a permit as required by rule, $200new text begin; andnew text end

new text begin(8) for failing to have aquatic invasive species affirmation displayed or available for inspection as provided in sections 86B.401 and 97C.301, subdivision 2a, $25new text end.

(b) A civil citation that is issued to a person who has one or more prior convictions or final orders for violations of this chapter is subject to twice the penalty amounts listed in paragraph (a).

Sec. 29.

Subd. 3.

Use of money in account.

Money credited to the invasive species account in subdivision 2 shall be used for management of invasive species and implementation of this chapter as it pertains to invasive species, including control, public awareness, law enforcement, assessment and monitoring, management planning, new text beginhabitat improvements, new text endand research.

Sec. 30.

Minnesota Statutes 2014, section 85.015, is amended by adding a subdivision to read:

new text beginSubd. 1e.new text end

new text beginConnection to state parks and recreation areas.new text end

new text beginTrails designated under this section may include connections to state parks or recreation areas that generally lie in between or within the vicinity of the waymarks specifically named in the designation.new text end

Sec. 31.

Minnesota Statutes 2014, section 85.015, is amended by adding a subdivision to read:

new text beginSubd. 6a.new text end

new text begin(a) The Mississippi Blufflands Trail shall originate at the Cannon Valley Trail and thence extend generally southeasterly along the Mississippi River through Frontenac State Park in Goodhue County and continue through Goodhue and Wabasha Counties to the city of Lake City, and there terminate. The trail shall include connections to the Rattlesnake Bluff Trail.new text end

new text begin(b) The trail shall be developed primarily for riding and hiking.new text end

new text begin(c) In establishing, developing, maintaining, and operating the trail, the commissioner shall cooperate with local units of government and private individuals and groups whenever feasible.new text end

Sec. 32.

Subd. 7.

(a) The Root River Trail shall originate at Chatfield in Fillmore County, and thence extend easterly in the Root River Valley to the intersection of the river with Minnesota Trunk Highway No. 26 in Houston County, and extend to the Mississippi River.

(b) Additional trails may be established that extend the Blufflands Trail system to include La Crescent, Hokah, Caledonia, and Spring Grove in Houston County; Preston, Harmony, Fountain, Wykoff, Spring Valley, Mabel,new text begin Prosper,new text end Canton, deleted text beginanddeleted text end Ostrandernew text begin, and connections to the Iowa border including a connection to Niagara Cavenew text end in Fillmore County; Rochester, Dover, Eyota, Stewartville, Byron, and Chester Woods County Park in Olmsted County; and Winona, Minnesota City, Rollingstone, Altura, Lewiston, Utica, St. Charles, and Elba in Winona County. In addition to the criteria in section 86A.05, subdivision 4, these trails must utilize abandoned railroad rights-of-way where possible.

(c) The trails shall be developed primarily for nonmotorized riding and hiking.

Sec. 33.

Subd. 28.

The trail shall originate at Crow Wing State Park in Crow Wing County at the southern end of the Paul Bunyan Trail and shall extend from Crow Wing State Park westerly to the city of Pillager, then southerly along the west side of Camp Ripley, then easterly along the south side of Camp Ripley across to the east side of the Mississippi River, and then northerly through Fort Ripley to Crow Wing State Park. A second segment of the trail shall be established that shall extend in a southerly direction and in close proximity to the Mississippi River from the southeasterly portion of the first segment of the trail to the city of Little Falls, and then terminate at the Soo Line Trail in Morrison County.new text begin Separation of motorized and nonmotorized corridors is acceptable as needed.new text end

Sec. 34.

new text beginThe Lake Vermilion-Soudan Underground Mine State Park mine tour operation is exempt from sections 326B.163 to 326B.191. The federal mine code for hoists that lift people under Code of Federal Regulations, title 30, part 57, subpart R, applies to the Lake Vermilion-Soudan Underground Mine State Park hoist. The commissioner shall employ a hoist safety expert to conduct an annual inspection of the hoist system at the Lake Vermilion-Soudan Underground Mine State Park.new text end

Sec. 35.

Subd. 12.

A state park permit is not required and a fee may not be charged for motor vehicle entry or parking at the visitor parking area of Soudan Underground Mine deleted text beginState Parkdeleted text endnew text begin and the Stuntz Bay boat house areanew text end.

Sec. 36.

Subdivision 1.

Areas marked.

The commissioner of natural resources is authorized in cooperation with local units of government and private individuals and groups when feasible to mark state water trails on the Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in Swift County to Montevideo in Chippewa County, Long Prairie, Red River of the North, Sauk, Otter Tail, Redwood, Blue Earth, Cedar, new text beginShell Rock, new text endand Crow Rivers which have historic and scenic values and to mark appropriately points of interest, portages, camp sites, and all dams, rapids, waterfalls, whirlpools, and other serious hazards which are dangerous to canoe, kayak, and watercraft travelers.

Sec. 37.

Subd. 3.

Licensing.

new text begin(a) new text endThe license agent shall register the watercraft on receiving an application and the license fee. A license and registration sticker with a registration number shall be issued and must be affixed to the watercraft as prescribed by the commissioner of natural resources.

new text begin(b) A license includes aquatic invasive species affirmation as provided in section 84D.106. The aquatic invasive species affirmation portion of the license must be on board or available with the signed license certificate. The aquatic invasive species affirmation will be provided with an application for a new, transfer, duplicate, or renewal watercraft license.new text end

new text begin(c) new text endThe license is not valid unless signed by at least one owner.

new text begin(d) Failure to complete the aquatic invasive species affirmation in this subdivision is subject to the penalty prescribed in section 84D.13, subdivision 5. new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective January 1, 2016.new text end

Sec. 38.

The commissioner of natural resources shall administer a program to provide cost-share grants to local recreational shooting clubs new text beginor local units of government new text endfor up to 50 percent of the costs of developing or rehabilitating deleted text begintrapdeleted text end shooting sports facilities for public use. A facility rehabilitated or developed with a grant under this section must be open to the general public at reasonable times and for a reasonable fee on a walk-in basis. The commissioner shall give preference to projects that will provide the most opportunities for youth.

Sec. 39.

Subd. 3.

Special permits.

The following special permits are required at all times, including when the ground is snow-covered:

(a) Fire training. A permit to start a fire for the instruction and training of firefighters, including liquid fuels training, may be given by the commissioner or agent of the commissioner. Except for owners or operators conducting fire training in specialized industrial settings pursuant to applicable federal, state, or local standards, owners or operators conducting open burning for the purpose of instruction and training of firefighters with regard to structures must deleted text beginfollow the techniques described in a document entitled: Structural Burn Training Procedures for the Minnesota Technical College System deleted text endnew text beginuse only fuel materials as outlined in the current edition of National Fire Protection Association 1403, Standard on Live Fire Training Evolutions, and obtain the applicable live burn documents in accordance with the current edition of the Board of Firefighter Training and Education's live burn plan established according to section 299N.02, subdivision 3, clause (2)new text end.

(b) Permanent tree and brush open burning sites. A permit for the operation of a permanent tree and brush burning site may be given by the commissioner or agent of the commissioner. Applicants for a permanent open burning site permit shall submit a complete application on a form provided by the commissioner. Existing permanent tree and brush open burning sites must submit for a permit within 90 days of the passage of this statute for a burning permit. New site applications must be submitted at least 90 days before the date of the proposed operation of the permanent open burning site. The application must be submitted to the commissioner and must contain:

(1) the name, address, and telephone number of all owners of the site proposed for use as the permanent open burning site;

(2) if the operator for the proposed permanent open burning site is different from the owner, the name, address, and telephone number of the operator;

(3) a general description of the materials to be burned, including the source and estimated quantity, dimensions of the site and burn pile areas, hours and dates of operation, and provisions for smoke management; and

(4) a topographic or similarly detailed map of the site and surrounding area within a one-mile circumference showing all structures that might be affected by the operation of the site.

Only trees, tree trimmings, or brush that cannot be disposed of by an alternative method such as chipping, composting, or other method shall be permitted to be burned at a permanent open burning site. A permanent tree and brush open burning site must be located and operated so as not to create a nuisance or endanger water quality. The commissioner shall revoke the permit or order actions to mitigate threats to public health, safety, and the environment in the event that permit conditions are violated.

Subd. 3.

deleted text beginThe commissioner shall submit such contract in recordable form to the owner of the land covered thereby. If the owner shall indicate to the commissioner an unwillingness to execute the same, or if the owner or any of the persons having an interest therein or lien thereon fail to execute it within 60 days from the time of its submission to the owner, all proceedings relating to the making of this land into an auxiliary forest shall be at an end.deleted text end

deleted text beginWhen the contract shall have been executed it shall forthwith be recorded in the office of the county recorder at the expense of the owner or, if the title to the land be registered, with the registrar of titles. At the time the contract is recorded with the county recorder for record the owner, at the owner's expense, shall record with the county recorder a certificate from the county attorney to the effect that no change in record title thereof has occurred, that no liens or other encumbrances have been placed thereon, and that no taxes have accrued thereon since the making of the previous certificate. It shall be the duty of the county attorney to furnish this certificate without further compensation.deleted text end

All the provisions of deleted text beginthedeleted text endnew text begin a recordednew text end contract deleted text beginshall bedeleted text endnew text begin for an auxiliary forest arenew text end deemed covenants running with the land from the date of the filing of the contract for record.

Sec. 41.

Subd. 4.

Effect.

Upon the filing of the contract for recordnew text begin,new text end the land deleted text beginthereindeleted text end described new text beginin the contractnew text end shall becomenew text begin,new text end anddeleted text begin,deleted text end during the life of the contractdeleted text begin,deleted text end remain deleted text beginand bedeleted text end, an auxiliary forest entitled to all the benefits and subject to all the restrictions of sections deleted text begin88.47deleted text endnew text begin 88.49new text end to 88.53deleted text begin, all of which shall be deemed adeleted text endnew text begin. These sections arenew text end part of the obligation of the contract and deleted text beginshall bedeleted text endnew text begin arenew text end inviolate, subject only to the police power of the state, to the power of eminent domain, and to deleted text beginthe right of the parties thereto by mutual agreement to make applicable to the contract anydeleted text end laws of the state enacted subsequent to deleted text beginits deleted text endnew text beginthenew text end execution deleted text beginand filing. This provision shall not be so construed as to prevent amendatory or supplementary legislation which doesdeleted text endnew text begin of the contract. Laws enacted subsequent to the date of execution of the contract are applicable to the contract, so long as the laws donew text end not impair deleted text beginthesedeleted text endnew text begin thenew text end contract rights of the deleted text beginparties thereto, or as to prevent amendatory or supplementary legislation in respect of the culture, care, or management of the lands included in any such contractdeleted text endnew text begin signatories of the contract or their successors or assignsnew text end.

Sec. 42.

Subd. 5.

Cancellation.

deleted text beginUpon the failure ofdeleted text endnew text begin (a) Ifnew text end the owner new text beginfails to new text endfaithfully deleted text beginto deleted text endfulfill and perform deleted text beginsuchdeleted text endnew text begin thenew text end contract deleted text beginordeleted text endnew text begin,new text end any provision deleted text beginthereofdeleted text endnew text begin of the contractnew text end, deleted text beginordeleted text end any requirement of sections deleted text begin88.47deleted text endnew text begin 88.49new text end to 88.53, or any rule deleted text beginadopted bydeleted text end the commissioner deleted text beginthereunderdeleted text endnew text begin adopts under those sectionsnew text end, the commissioner may cancel the contract deleted text beginin the manner herein provideddeleted text end. The commissioner shall give deleted text begintodeleted text end the ownerdeleted text begin, in the manner prescribed in section 88.48, subdivision 4,deleted text end 60 days' notice of a hearing deleted text beginthereondeleted text end at which the owner may appear and show cause, if any, why the contract should not be canceled. The commissioner shall deleted text beginthereupondeleted text endnew text begin thennew text end determine whether the contract should be canceled and make an order to that effect. deleted text beginNotice of the commissioner's determination and the making of the order shall be given todeleted text endnew text beginThe commissioner shall give new text endthe owner deleted text beginin the manner provided in section 88.48, subdivision 4deleted text endnew text begin notice of the commissioner's determination and ordernew text end. deleted text beginOn determiningdeleted text endnew text begin If the commissioner determinesnew text end that the contract should be canceled and deleted text beginno appeal therefrom be takendeleted text endnew text begin the owner does not appeal the determination as provided in subdivision 7new text end, the commissioner shall send notice deleted text beginthereofdeleted text endnew text begin of the cancellationnew text end to the auditor of the county and to the town clerk of the town affected and file with the recorder a certified copy of the orderdeleted text begin, whodeleted text endnew text begin. The recordernew text end shall deleted text beginforthwithdeleted text end note the cancellation upon the record deleted text beginthereofdeleted text end, and deleted text beginthereupondeleted text end the land deleted text beginthereindeleted text end described new text beginin the contract new text endshall cease to be an auxiliary forest and, together with the timber deleted text beginthereondeleted text endnew text begin on the landnew text end, become liable